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Judgment
S. Abdul Nazeer, J.—This appeal by the claimants is directed against the judgment and award in M.V.C. No. 848/2007 dated 20.1.2010 on the file of the District Judge and Additional MACT II, I Fast Track Court, Shimoga. The appellants/claimants are the wife and children of Azeezullakhan. Azeezullakhan died in a motor vehicle accident occurred on 21-11-2006. The appellants filed the above petition seeking compensation on account of the death of Azeezullakhan. The Court below has awarded total compensation of Rs. 2,41,000/- with interest at 6% per annum from the date of application till the date of deposit.
Learned counsel for the appellants would contend that the deceased was a Forest Contractor and earning Rs. 6,000/- per month. The deceased has left behind his widow and four children. The Court below has not awarded appropriate compensation towards loss of dependency and under other conventional heads.
On the other hand, learned counsel appearing for the respondent-Corporation has sought to justify the impugned judgment and award.
I have carefully considered the arguments of the learned counsel made at the Bar and perused the materials placed on record.
There is no dispute as to whether the occurrence of the accident and liability on the respondent-Corporation to pay the compensation. Having regard to the contentions urged, the only question for consideration is to whether the compensation awarded by the Tribunal is adequate?
According to the claimants, the deceased Azeezullakhan was earning Rs. 6,000/- per month. He was aged 58 years which is clear from PM report at Ex-P. 7. The claimants have not established the income of the deceased at Rs. 6,000/- per month by leading evidence. I am of the view that it is just and proper to fix his income at Rs. 4,500/- per month. Since he was aged 58 years, the multiplier applicable to the case is 9 and 1/3rd of the income has to be deducted towards his personal expenses. By taking his income at Rs. 4,500/- and after deducting 1/3rd of the income towards his personal expenses and with the application of multiplier 9, the compensation payable towards loss of dependency comes to Rs. 3,24,000/-. The first appellant is entitled for a sum of Rs. 50,000/- towards loss of consortium, Rs. 25,000/- towards love and affection and Rs. 10,000/- towards transportation & funeral expenses. In all, the claimants are entitled for a total compensation of Rs. 4,09,000/-.
The Court below has awarded total compensation of Rs. 2,41,000/- which has to be deducted from the aforesaid sum and the balance compensation payable to the claimant is Rs. 1,68,000/- (Rupees one lakh sixty eight thousand only). In the result, the appeal succeeds and it is accordingly allowed-in-part. The respondent-Corporation is directed to deposit a sum of Rs. 1,68,000/- with interest at 6% per annum from the date of the application till the date of deposit and the claimants are not entitled for interest for the delayed period of 401 days in terms of the order dated 29-11-2012 in Misc. Cvl. No. 10911/2011. The aforesaid amount shall be deposited within a period of six weeks from the date of receipt of a copy of this order. The first appellant is permitted to withdraw the amount on its deposit. No costs.