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Judgment
Mohan M. Shantanagoudar, J.—Sri. Shanthilal, aged about 50 years, cloth merchant, who was running ''Roopkala Saree Centre'' at Holenarasipura, died in the accident that occurred on 4.11.2006, leaving behind the appellants as his legal representatives. The appellants are his wife and two children. The Tribunal has awarded total compensation of Rs. 10,62,824/- under various heads. This appeal is filed praying for enhancement of compensation. Learned advocate appearing for the appellants submits that two children of the deceased i.e., appellants 2 and 3 herein are handicapped and on that ground the deceased had claimed exemption u/s 80A of the Income Tax Act to pay the income tax; since the two children are handicapped, the deceased could not have spent 1/4th amount out of his income towards his personal expenses. According to the appellants'' counsel the deceased would have spent maximum to an extent of 1/5th amount towards his personal expenses.
She further draws attention of the Court that the Tribunal has adopted multiplier of ''12'' instead of ''13''.
The submission of the appellants'' counsel that 1/5th amount ought to have been deducted towards personal expenses of the deceased, cannot be accepted. Dependents are only the wife and two children. This Court has consistently been deducting 1/3rd amount towards personal expenses of the deceased in such circumstances. However, having regard to the fact that appellants 2 and 3 are handicapped children, in our considered opinion, the Tribunal is justified in deducting 1/4th towards personal expenses of the deceased.
However, we find that the Tribunal is not justified in adopting multiplier of ''12''. The proper multiplier to be adopted is ''13''. If multiplier of ''13'' is adopted, the claimants are entitled to compensation of Rs. 10,32,226/- towards loss of dependency.
We find that the compensation awarded by the Tribunal under other heads is just and proper and hence no interference is called for. Accordingly, the following order is made:-
The claimants are entitled to total compensation of Rs. 11,42,226/- (Rupees eleven lakhs forty-two thousand twenty-six only) as against the compensation of Rs. 10,62,824/- awarded by the Tribunal below. Thus, the compensation is enhanced by Rs. 79,402/-.
The rate of interest, apportionment and deposit of the amount in the Nationalized Bank shall remain as directed by the Tribunal.
The amount in deposit if any, shall be transmitted to the Tribunal below.
Accordingly, the appeal is partly allowed