Sharad W/o Mallappa Mudalagi v. Mahadev Bahu Kalakeri
2018-03-02
A.S.BOPANNA, S.G.PANDIT
body2018
DigiLaw.ai
JUDGMENT : The claimants are before this Court in the above appeal for enhancement of compensation. 2. Brief facts of the case are that the deceased Mallappa was proceeding on a motorcycle bearing No.KA-29/J-3603 from Bijapur towards Jamkhandi, a tractor bearing No.KA-29/T-5250 and trailer No.KA-29/T-2819 came in a rash and negligent manner and dashed to the motorcycle from behind. The deceased sustained grievous injuries. He was inpatient from 1.12.2010 to 20.12.2010 and on 20.12.2010 he succumbed to the injures. The deceased Mallappa was aged 50 years at the time of accident and he was doing agricultural works. It is further stated in the claim petition that the deceased was owning 35 acres of irrigated land. Apart from the agricultural work he was doing milk vending business and he was earning Rs.2,00,000/- per annum from agriculture and Rs.10,000/- from milk vending. The respondents denied the entire claim petition averments and also stated that the compensation claimed is exorbitant. After the trial, the tribunal passed the judgment awarding a total compensation of Rs.7,83,000/-. Not being satisfied with the same, the claimants have filed the present appeal for enhancement. 3. Heard the learned counsel for the appellants and the respondents. 4. In the present appeal we need not advert to any other issue as the appellants have questioned only quantum of compensation awarded by the tribunal. 5. The tribunal taking into account that the deceased Mallappa was an agriculturist and as the claimants have not produced any document to show the income of the deceased, has taken notional income of the deceased at Rs.5,000/- and deducted 1/4th towards his personal expenses, thus awarded Rs.5,85,000/- under the head loss of dependency. 6. The learned counsel for the appellants contended that the tribunal has not taken into consideration the income of the deceased properly. He further submitted that the deceased was looking after the entire agricultural activities in his land which is more than 35 acres. He was supervising the entire agricultural activities and also he was doing milk vending business. In such circumstance the land would be available to the family but what is lost is the supervision.
He further submitted that the deceased was looking after the entire agricultural activities in his land which is more than 35 acres. He was supervising the entire agricultural activities and also he was doing milk vending business. In such circumstance the land would be available to the family but what is lost is the supervision. Hence taking into consideration the supervision work of the deceased in the agricultural land owned by him and was supplying sugarcane grown in his land to the sugar factory, the income including future prospects could be assessed at Rs.7,500/- per month since in the normal circumstance this Court has been taking notional income as Rs.5,000/- per month for the accident of the year 2010 even in respect of persons whose avocation and income is not established. Further if 1/4th is deducted towards his personal expenses, the income would be Rs.5,625/-. As the deceased was aged about 50 years at the time of accident, the multiplier taken at 13 is correct. Then the claimants would be entitled for compensation of Rs.8,77,500/- (Rs.5,625/- x 12 x 13) as against Rs.5,85,000/- (enhanced by Rs.2,92,500/-) awarded by the tribunal under the head loss of dependency. Further, the compensation awarded under conventional heads is on lower side and the same is totally enhanced by another sum of Rs.30,000/-. Hence the claimants are entitled for enhanced compensation of Rs.3,22,500/- with interest at 6% p.a. from the date of petition till date of realization. However the claimants are not entitled for interest on the enhanced compensation for the delayed period of 507 days in filing the appeal. 7. Respondent No.2-Insurance Company is directed to deposit the enhanced compensation amount with interest within six weeks from the date of receipt of copy of this judgment. 8. On deposit, the apportionment and disbursement shall be made in terms of the order of the Tribunal. With the above modification, the appeal stands disposed of.