Bharati vs Namadeo

Mohan M. Shantana Goudar, J.—This appeal is filed by the claimant praying for enhancement of compensation.

Mr. Krishna Ramachandrappa Malagi aged about 27 years expired in the accident that occurred on 09.03.2010, leaving behind the claimant-his widow Smt. Bharati W/o. Krishna Malagi, aged mother namely Smt. Fakirawwa W/o. Ramachandrappa Malagi He was a driver working in a lorry. According to the claimant, he was getting salary of Rs. 10,000/- per month including Bhatta. The Tribunal has awarded compensation of Rs. 6,66,350/-, assessing his monthly income at Rs. 4,500/- per month.

As aforementioned, the accident is of the year 2010. Even an agricultural coolie would have earned Rs. 6,000/- per month during the relevant period in this part of the State. The deceased was a driver in a lorry. PW-3 is the owner of the lorry under whom the deceased was working. He has deposed that he was paying Rs. 10,000/- per month including Bhatta to the deceased. Even if we take Rs. 6,000/- per month as the income of the deceased during the relevant period, he is entitled for future prospectus also. In view of the same, we are of the opinion that the interest of justice would be met if Rs. 7,500/- per month is taken as monthly income of the deceased, which includes future prospects also. We have done so only for the purpose of calculation of compensation keeping in mind the future prospects also.

1/3rd needs to be deducted towards the personal expenses of the deceased. The trial court has aptly applied ''17'' as the multiplier having regard to the age of the deceased. Thus, based on these facts and figures, the claimants Smt. Bharati and Smt. Fakirawwa (mother of deceased) together are entitled to Rs. 10,20,000/- under the head of loss of dependency. In addition to the same, claimants would be entitled to Rs. 50,000/- under the conventional heads. Thus, in all, the claimants are entitled to Rs. 10,70,000/-.

Accordingly, the following order is made:

ORDER

"(i) The compensation is enhanced to Rs. 10,70,000/- from Rs. 6,66,350/-.

(ii) Respondent No. 2 herein is liable to pay the compensation;

(iii) Apportionment of the compensation between the claimants and respondent No. 3; rate of interest as well as the terms of deposit of compensation, shall remain the same, as directed by the Tribunal;"

The appeal is allowed in part accordingly.