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2022 DIGILAW 1156 (KAR)

Shobha v. Meenaxi

2022-09-03

H.P.SANDESH

body2022
JUDGMENT 1. Heard learned counsel for the appellants and learned counsel for respondent Nos.1 and 3. 2. Though this appeal is listed for admission today, with the consent of both the parties, it is taken up for final disposal. 3. Appellants are respondent Nos.3 and 4 before the Tribunal, who are the parents of deceased in a claim case filed by the wife of the deceased and Tribunal has awarded compensation of Rs.14,02,700.00 and apportioned the compensation in favour of wife at Rs.10,00,000.00 and interest accrued thereon and in the remaining amount 50% each to the appellants and hence, the present appeal is filed by the appellants questioning the quantum of compensation as well as apportionment. 4. The accident has taken place in 2014 and he Tribunal has taken the income at Rs.7,000.00 per month. Hence, the counsel for the appellants submits that the Tribunal ought to have taken the income at Rs.7,500.00 per month in the absence of any documentary proof and also no compensation is awarded on the head of love and affection in respect of the appellants herein. Hence, it requires interference of this Court. 5. Per contra, learned counsel for the wife i.e. respondent No.1 submits that now the appellants as well as respondent No.1 have settled the matter by amicably apportioning the compensation amount to the extent of 40% to wife and remaining 60% to appellants since the wife is remarried. 6. Learned counsel for respondent No.3-Insurance Company submits that the Tribunal has considered the income at Rs.7,000.00 per month in the absence of any documentary proof and hence there is no requirement for revisiting the compensation. 7. Having heard the learned counsel for the parties and on perusal of the material on record, admittedly, accident has taken place in 2014 and in the absence of any documentary proof, the Tribunal ought to have taken the income at Rs.7,500.00 and having taken note of the age of the deceased 40% is to be added to the income. Then it comes to Rs.10,500.00. Having considered the number of dependants, 1/3rd should be deducted towards personal expenses of the deceased. Hence it comes to Rs.7,000.00. Hence, the claimants are entitled for the following compensation on the head of loss of dependency: Rs.7,000.00 x 12 x 17 = Rs.14,28,000.00 8. Then it comes to Rs.10,500.00. Having considered the number of dependants, 1/3rd should be deducted towards personal expenses of the deceased. Hence it comes to Rs.7,000.00. Hence, the claimants are entitled for the following compensation on the head of loss of dependency: Rs.7,000.00 x 12 x 17 = Rs.14,28,000.00 8. Further, the claimants are entitled for Rs.1,20,000.00 (Rs.40,000.00 x 3) on the head of loss of consortium and love and affection in respect of wife and appellants herein. Apart from that, the claimants are entitled for Rs.33,000.00 towards funeral expenses and loss of estate. In all, the claimants are entitled for Rs.15,81,000.00. 9. In view of the submission made by appellants as well as respondent No.1, the compensation has to be apportioned at the rate of 40% to the wife and 30% each in favour of appellants herein. 10. In view of the discussions made above, I pass the following: ORDER Appeal is allowed in part. In modification of the impugned judgment and award passed by the Tribunal, the claimants are entitled for a sum of Rs.15,81,000.00 with interest at 6% p.a. from the date of petition till realization against Rs.14,02,700.00 awarded by the Tribunal in the impugned judgment and award. The compensation has to be apportioned at the rate of 40% to the wife and 30% each in favour of appellants herein. Compensation amount is ordered to be paid/deposited within six weeks from the date of this order. The registry is directed to transmit the trial court records forthwith.