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Judgment
S. Abdul Nazeer, J.—This appeal by the claimant is directed against the judgment and award in MVC No. 132/2009 dated 04.02.2011 on the file of PRL.CVL Judge (Sr.Dn.) & MACT-IV at Davanagere, whereby the Court below has awarded total compensation of Rs. 2,44,000/- with interest at 6% per annum from the date of petition till the date of deposit. The claimant/appellant was mother of one Veeresh @ Eranna. Shivamurthappa was his father. Veeresh died in a motor vehicle accident occurred on 14.11.2008. The appellant and Shivamurthappa filed MVC. No. 132/2009 seeking compensation on account of death of their son Veeresh. The Court below has awarded a total compensation of Rs. 2,44,000/- with interest at 6% per annum.
During the pendency of the proceedings before the trial Court, father of the deceased Shivamurthappa died. Therefore, the appellant herein pursued the matter.
The contention of the learned counsel for the claimant/appellant is that the deceased was doing business and earning Rs. 6,000/- per month. He was aged about 25 years at the time of accident. The Court below has taken his income at Rs. 3,000/- per month for the purpose of computation of loss of dependency. The compensation awarded under all other heads is on the lower side.
On the other hand, learned counsel appearing for the respondent-insurance company 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 the occurrence of the accident and liability of respondent-insurance company to the pay compensation.
The accident had occurred on 14.11.2008,. The deceased was aged about 25 years at the time of accident. Though the claimant/appellant contends that deceased was doing business and earning Rs. 6,000/- per month, it has not been established by leading evidence. It is just and proper to notionally fix his income at Rs. 4,500/- per month. The mother of the deceased was aged about 46 years. Therefore, the multiplier applicable to the case is 13. 50% of the income has to be deducted towards personal expenses of the deceased. By taking his income Rs. 4,500/- per month, with the application of multiplier 13 and deducting 50% of the income towards his personal expenses, the compensation payable towards loss of dependency comes to Rs. 3,51,000/-.
The claimant being the mother of the deceased is entitled for a sum of Rs. 50,000/- towards loss of love and affection. A sum of Rs. 10,000/- has to be awarded towards transportation of the body etc., In all, the claimant is entitled for a sum of Rs. 4,11,000/-.
The Court below has awarded total compensation of Rs. 2,44,000/- which has to be deducted from the aforesaid sum and the balance compensation payable to the claimant is Rs. 1,67,000/-. In the result, the appeal succeeds and it is accordingly allowed in part. The respondent-insurance company is directed to deposit a compensation in a sum. of Rs. 1,67,000/- with interest at 6% per annum from the date of petition till the date of deposit within a period of six weeks from the date of receipt of copy of this order. Out of the enhanced amount a sum of Rs. 1,00,000/- shall be kept in fixed deposit in the name of the appellant in a nationalized bank for a period of 5 years. The claimant is permitted to withdraw interest annually. Balance of the amount shall be released in favour of the claimant/appellant. No costs.