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Judgment
B. Sreenivase Gowda, J.—This appeal is by the claimant for enhancement of compensation awarded by the Tribunal.
Heard. The appeal is admitted and with the consent of learned Counsel appearing for the parties, it is taken up for final disposal.
For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.
Brief facts of the case are:
That on 30.01.2008 when deceased Giregowda was riding his TVS Moped bearing registration No. KA-06-/B-4840 on Sira Changavara road, a tractor-trailer bearing registration No. KA-06/B-4040-4041 came in a rash and negligent manner and dashed against his moped, as a. result he died on the spot. Hence his wife and two major children filed a claim petition before MACTV Sira seeking compensation of Rs. 10,00,000/-. The Tribunal by the impugned judgment has awarded a global compensation of Rs. 3.22,500/- with interest at 6% p.a. The claimants have preferred this appeal seeking enhancement of compensation.
As there is no dispute regarding the death of the deceased in a motor road accident and liability of the Insurance Company, the only point remains for my consideration in the appeal is:
Whether the compensation awarded by it is just and proper or does it call for enhancement?
After hearing the learned Counsel for the parties and perusing the award of the Tribunal I am of the view that the compensation awarded by the Tribunal is hot just and proper, it is on the lower side and therefore it is deserved to be enhanced.
It is a case of death of one Giregowda aged about 45 years as evident from post mortem report Ex P 5. The claimants in support of their contention that the deceased was an agriculturist and from agriculture and by doing sheep business was earning Rs. 8.000/- p.m. have not adduced any evidence in this regard. Considering the age of the deceased and year of accident, his income could be assessed at Rs. 3,500/- p.m. as against Rs. 3.000/- p.m. assessed by the Tribunal. As per the judgment of Apex Court in the case of Sarala Verma 1/3rd of the income of the deceased has to be deducted towards his personal and the multiplier applicable to the age group of the deceased is 13. If so loss of dependency works out to Rs. 3,64.000/- (Rs. 3.500/- x 2/3 x 12 x 13) and it is awarded as against Rs. 3.12,000/- awarded by the Tribunal towards loss of dependency.
The Tribunal has awarded Rs. 3,500/- towards transportation of dead body and funeral expenses, Rs. 1,000/- each towards loss of love and affection of two sons and Rs. 5,000/- towards loss of consortium which are on the lower side and they deserve to be enhanced and I enhance compensation towards transportation of dead body and funeral expenses to Rs. 10,000/- and award Rs. 10,000/- towards loss of love and affection of two sons at the rate of Rs. 5.000/- each and Rs. 15,000/- towards loss of consortium. The Tribunal has not awarded compensation towards loss of estate. Hence I award Rs. 10,000/- under this head.
Thus the claimants are entitled for the following compensation:
Loss of dependency Rs. 3,64,000/- Loss of consortium Rs. 15,000/- Loss of estate Rs. 10,000/- Loss of love and affection Rs. 10,000/- Transportation of dead body and Funeral expenses Rs. 10,000/- Total Rs. 4,09,000/-
Thus, the claimants are entitled for a total compensation of Rs. 4.09,000/- as against Rs. 3,22,500/- awarded by the Tribunal with interest at 6% p.a. on the enhanced compensation of Rs. 86,500/- from the date of claim petition till the date of realisation.
The Insurance Company is directed to deposit the enhanced compensation amount within two months from the date of receipt of a copy of this order.
Out of the enhanced compensation 50% with proportionate interest is ordered to be invested in fixed deposit in any Nationalised Bank/Scheduled Bank/Post Office in the name of 1st claimant for a period of 7 years. Remaining 50% with proportionate interest is ordered to be released in favour of 1st claimant immediately after the deposit.
Accordingly, the appeal is allowed in part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. No order as to costs.