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2018 DIGILAW 338 (KAR)

TUKARAM VITTAL MORE v. THAHERA

2018-03-07

A.S.BOPANNA, S.G.PANDIT

body2018
JUDGMENT : A. S. Bopanna, J. - The appellants are before this Court seeking enhancement of compensation as against the sum awarded in MVC No.2481/2011. 2. The appellants herein were the claimants before the Tribunal seeking compensation in respect of death of the son of appellant Nos.l and 2, who was the husband of appellant No. 3 and father of appellant Nos.4 and 5 herein. 3. The Tribunal on taking into consideration the material available before it has awarded the total compensation of Rs. 35,46,500/-, of which a sum of Rs. 34,96,500/- is awarded towards the loss of dependency. 4. The contention on behalf of the appellants is that the Tribunal while taking into consideration the income of the deceased has not taken into consideration the grade pay and permanent tour allowance, to which the deceased was entitled to every month. It is further contended that the additional 40% towards future prospects is on the lower side, keeping in view the age of the deceased being 39 years at the time of the death. Hence, it is contended that the error committed by the Tribunal is to be rectified and appropriate compensation is to be granted. 5. Learned counsel for respondent No.2 however would seek to sustain the judgment and award passed by the Tribunal. In addition, though the learned counsel for respondent No.4 also referred to the finding as recorded by the Tribunal with regard to the negligence and in that regard sought to contend that the liability fixed on respondent Nos.3 and 4 was not justified at this stage itself, it is necessary to clarify that the said aspect of the matter need not be gone into in detail inasmuch as respondent Nos.3 and 4 having accepted the judgment have deposited the award amount passed by the Tribunal. In that circumstance, all that arises for consideration in this appeal is only with regard to the quantum of compensation and no other issues need be adverted to. 6. The avocation of the deceased is accepted to the position that he was working in the Health Department and the nature of the duty was as Health Officer in District Malaria Office, Pune. Ex.P9 is the salary certificate as relied before the Tribunal. The Tribunal having taken note of the same has made certain deductions. 6. The avocation of the deceased is accepted to the position that he was working in the Health Department and the nature of the duty was as Health Officer in District Malaria Office, Pune. Ex.P9 is the salary certificate as relied before the Tribunal. The Tribunal having taken note of the same has made certain deductions. It is in that view, in the nature of the re-appreciation of the said document, we have taken note of Ex.P9, which is available in the record. Having taken into consideration the salary that was being paid to the deceased, the only deduction that was required to be made is business tax of Rs. 200/-, in other words, professional tax. If that be the position, from the total salary of Rs. 22,419/-, on deducting a sum of Rs. 200/-, the deceased was entitled to a sum of Rs. 22,219/-. In addition, keeping in view the age of the deceased, 50% of the said amount is to be added towards future prospects and also keeping in view the permanent nature of the job of the deceased, the income that was required to be reckoned for the purpose of calculation is at Rs. 33,328/-. Keeping in view the number of dependents, on deducting 1/4th towards personal expenses of the deceased, loss of income to the family is at Rs. 24,996/- per month; appropriate multiplier being 15, the amount towards loss of dependency would workout to a sum of Rs. 44,99,280/- (Rs.24,996 x 12 x 15). Since the Tribunal has awarded a sum of Rs. 34,96,500/-, the appellants would be entitled a balance amount of Rs. 10,02,780/- under the head of loss of dependency as enhancement. 7. In addition, a sum of Rs. 20,000/- is awarded to make good the short fall under the conventional heads. Hence, the appellants are entitled to the total enhanced compensation of Rs. l0,22,780/- with interest at the same rate as awarded by the Tribunal. The said amount shall be deposited by respondent No.4-Insurance Company within a period of six weeks from the date of receipt of copy of this judgment. 8. On deposit, the said amount shall be apportioned in the same manner as was originally done by the Tribunal and the amount apportioned to the share of appellant Nos. The said amount shall be deposited by respondent No.4-Insurance Company within a period of six weeks from the date of receipt of copy of this judgment. 8. On deposit, the said amount shall be apportioned in the same manner as was originally done by the Tribunal and the amount apportioned to the share of appellant Nos. 1 to 3 shall be released to them and the amount apportioned to the share of appellant Nos.4 and 5 shall be in the fixed deposit in any nationalized bank, till they attain the age of majority. The appeal stands disposed of, accordingly. Order accordingly.