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2017 DIGILAW 1518 (KAR)

Baghirathi Jogi W/o Late Venkataramana Jogi v. Prakash S/o Ambuja

2017-11-13

L.NARAYANA SWAMY

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JUDGMENT : This appeal by the claimants seeking enhancement of compensation for the accidental death of the deceased - Venkataramana Jogi on 07.05.2014, who was aged about 70 years while he was standing on the road side, at that time a Mahendra Max Pickup bearing Registration No. KA-20-B-1264 driven by its driver in a very rash and negligent manner. Considering the case of the appellant - claimants, the Tribunal has awarded a compensation of Rs.2,45,000/- with interest at 6% per annum from the date of interest till the date of realization. Challenging the same, the appellants herein are before this court seeking enhancement of the compensation awarded by the Tribunal. 2. Learned counsel for the appellants contends that the monthly income assessed by the Tribunal is on lower side though the claimants have not placed sufficient material before the Tribunal showing that the deceased was doing bangle business and earning Rs.10,000/-per month, it has taken only Rs.5,000/-per month for the purpose of calculating loss of dependency. Therefore, he submits that compensation under this head needs to be modified and he submits that the compensation awarded under other conventional heads is also on lower side and they may be enhanced by modifying the compensation. He requests to allow this appeal. 3. Per contra learned counsel for the second respondent – insurer supports the order of the tribunal and submits to dismiss this appeal. 4. I have heard the learned counsel for both the parties. I have gone through the records placed before me. 5. The Tribunal has assessed the income of the deceased at only Rs.5,000/-per month. It is needless to say that whenever the income is not proved, the Tribunal is bound to assess the income by taking into consideration necessary facts such as year of accident, place of accident, status of the family/number of family members etc., 6. By considering the above facts, I am of the view that the income of the deceased can be safely assessed at Rs.8,000/-per month in place of Rs.5,000/-as assessed by the Tribunal. Therefore, the compensation awarded under the head Loss of dependency would be (Rs.8,000 – Rs.2667 ) x 5 x 12 = Rs.3,19,980/-as against Rs.200,000/-awarded by the Tribunal. 7. The amount awarded towards other conventional heads remain undisturbed as the compensation awarded is just and proper. 8. Therefore, the compensation awarded under the head Loss of dependency would be (Rs.8,000 – Rs.2667 ) x 5 x 12 = Rs.3,19,980/-as against Rs.200,000/-awarded by the Tribunal. 7. The amount awarded towards other conventional heads remain undisturbed as the compensation awarded is just and proper. 8. In that view of the matter, the total compensation to be awarded to the appellant-claimants will be as follows: Convention Heads Amount Rs. Loss of Dependency 3,19,980/- Loss of Consortium 25,000/- Loss of Love and Affection 10,000/- Transportation, Cremation obsequies and religious expenses 10,000/- TOTAL 3,64,980/- 9. In all, the claimants will be entitled for a total compensation of Rs.3,64,980/-as against Rs.2,45,000/-awarded by the Tribunal. The compensation amount shall carry interest @ 6% P.A. Accordingly, appeal is allowed-in-part. Disbursement of the compensation as ordered by the Tribunal after the entire compensation is realized by the second respondent - insurer.