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Judgment
The appellants are before this Court seeking enhancement of the compensation as against the sum awarded in MVC No.177/2013. The MACT by its Judgment dated 28.03.2014, has awarded a total compensation of Rs.7,82,000/- of which a sum of Rs.7,02,000/-, is awaded towards loss of dependency and the remaining amount towards the conventional heads. The appellants seek enhancement of the said amount.
The learned counsel for the appellant, while seeking enhancement would contend that the MACT has not appropriately assessed the income of the deceased. In that view, she contends that since the deceased in addition to the avocation of agriculture was also driving a tractor and trailer from which also he had income. In that view, it is contended that the monthly income of Rs.6,000/- as assessed by the MACT is on the lower side. It is further contended that the amount awarded towards conventional heads is also on the lower side and the same be enhanced. The learned counsel for the respondent-Insurance Company would however seek to sustain the Judgment and award passed by the MACT.
In the light of rival contentions we have perused the appeal papers including the Judgment passed by the MACT. With regard to the accident having occurred on 14.12.2012 and the husband of the first claimant having succumbed to the injuries in the said accident and therefore, the appellants being entitled to compensation, there is no serious dispute. In that view, the only issue that arises for consideration is with regard to the appropriate quantum of compensation to be awarded. In that regard, a perusal of the Judgment passed by MACT would indicate that the document produced at Ex.P-11 was taken into consideration to take note of the fact that the property bearing R.S. No.175, measuring 7 acres 8 guntas was owned by the family of the deceased and the deceased was carrying out agricultural operations in the said land. In addition, the notarised copy of the driving licence which was issued by the RTO, Bailhongal and was renewed up to 30.04.2015 was also taken into consideration by the MACT. If that be the accepted position, we are of the opinion that the income of Rs.6,000/- per month assessed is marginally on the lower side.
We are of the said opinion for the reason that even in respect of a person who had not proved his avocation the notional income that was being taken generally was of the said sum which has now been taken by the MACT. In the instant case, since there are documents to indicate that the deceased owned agricultural property and even though the property would be available to the claimants, the avocation being carried on keeping in view the age of the other members of the family it would have to be taken in to consideration that the deceased himself was carrying on with the agricultural operations and the loss due to his contribution cannot be ignored. In that light taking into consideration that the deceased in addition was also earning some amount as a driver, it would be appropriate to reckon the monthly income at Rs.7,000/-. If the same is done and the other parameters as applied by the MACT is taken into consideration and the compensation under the head loss of dependency is worked out, it would be in a sum of Rs.8,19,000/-. If that be the position, on the said head the claimants/appellants would be entitle to enhancement of Rs.1,17,000/-.
In addition, we find that the compensation awarded under the conventional heads is marginally on the lower side and as such, we propose to award a sum of Rs.40,000/- in all towards the shortfall. Hence, the total enhanced compensation would be in a sum of Rs.1,57,000/-. The said amount shall be paid with interest at the same rate as awarded by the MACT. On the amount being deposited the enhanced portion of the compensation shall be apportioned at the rate of 45% to the claimant No.1 and 25 % to the claimant No.5 since it is stated that the claimant No.4 has presently expired. The remaining 30% shall be apportioned at the rate of 15% each to the claimants No.2 and 3. The enhanced portion of the compensation shall be released to the claimants on deposit. Such deposit shall be made by the Insurance Company within 4 weeks from the date of receipt of the copy of this Judgment. The appeal is accordingly disposed of.