JUDGMENT : P.S. Dinesh Kumar, J. Claimants have filed M.F.A. No. 100034/2014 and insurer of offending vehicle has filed M.F.A. No. 22456/2013 challenging the judgment and award dated 15-1-2013 in M.V.C. No. 954/2012 on the file of M.A.C.T.-X, Ballari. 2. One Moinuddin, aged 19 years was working as cleaner. During the course of his employment, when he was attending to the lorry, it's driver suddenly moved the said vehicle resulting in Moinuddin sustaining grievous injuries to which he succumbed on 2-1-2012. His legal representatives/claimants presented the instant petition for compensation. They got examined one witness as PW-1 and got marked 8 documents. On behalf of respondents, no witness was examined but insurance policy was marked by consent. 3. Heard Sri Jadai Manjunath, learned counsel for claimants and Sri Nagaraj C. Kolloori, learned counsel for insurer and perused the records. 4. Facts of this case are not in dispute. Liability is admitted by the insurer. Thus, the question remains for consideration is the quantum of compensation. Admittedly, the accident has occurred on 31-12-2011. Tribunal has assessed the income of the victim at Rs. 4,500/- p.m. He was aged 19 years and an able bodied person. In our considered view, the income of the deceased can be assessed at Rs. 6,000/- per month. Keeping in view the age of the deceased i.e. 19 years, it would be just and appropriate to add 50% to his income towards future prospects and the same would work out to Rs. 9,000/- (Rs. 6,000 + 3,000). Since he was a bachelor, 50% of the income has to be deducted towards his personal expenses. The appropriate multiplier applicable to the instant case is 18. Consequently, the loss of dependency works out as under: Rs. 6,000 + 3,000 = 9,000 - 50% of Rs. 9,000/- = Rs. 4,500/- Rs. 4,500 x 18 x 12 = 9,72,000/- 5. In the circumstances, we reassess the quantum of compensation as under :- Sl. No. Heads Amount 1. Loss of dependency Rs. 9,72,000/- 2. Loss of love and affection Rs. 50,000/- 3. Towards medical treatment Rs. 5,000/- 4. Transportation of dead body and funeral expenses Rs. 25,000/- 5. Loss of estate Rs. 25,000/- Total Rs. 10,77,000/- Less : Compensation awarded by the Tribunal Rs. 7,32,000/- Enhanced compensation Rs. 3,45,000/- 6.
No. Heads Amount 1. Loss of dependency Rs. 9,72,000/- 2. Loss of love and affection Rs. 50,000/- 3. Towards medical treatment Rs. 5,000/- 4. Transportation of dead body and funeral expenses Rs. 25,000/- 5. Loss of estate Rs. 25,000/- Total Rs. 10,77,000/- Less : Compensation awarded by the Tribunal Rs. 7,32,000/- Enhanced compensation Rs. 3,45,000/- 6. Accordingly, appeal filed by the claimants in M.F.A. No. 100034/2014 merits consideration and appeal filed by the insurer in M.F.A. No. 22456/2013 fails and is liable to be dismissed. 7. In the result, we pass the following : ORDER : (i) Appeal filed by the claimants in M.F.A. No. 100034/2014 is allowed in part; (ii) The judgment and Award dated 15-1-2013 in M. V. C. No. 954/2012 on the file of M.A.C.T.-X, Ballari is modified by awarding a total compensation of Rs. 10,77,000/- with interest at 6% per annum from the date of petition till the date of realisation; (iii) Appeal filed by the insurer in M.F.A. No. 22456/2013 is dismissed. (iv) Respondent-insurer is directed to deposit the enhanced compensation of Rs. 3,45,000/- with 6% interest from the date of filing of claim petition till the date of deposit within six weeks from the date of receipt of a copy of this order. (v) Upon such deposit, the Tribunal is directed to disburse the amount in the same proportion as ordered by the Tribunal. (vi) Registry is directed to transfer the amount deposited in M.F.A. No. 22456/2013 to the Tribunal forthwith for disbursement as directed in the award.