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Judgment
Dr. Bhakthavatsala, J.—Learned Counsel for the appellants prays for enhancement of compensation. Learned Counsel for respondent No. 2/Insurance Company submits that the Tribunal has awarded adequate compensation and there is no good ground made out for enhancement of compensation.
Perused the LCR.
It is the case of the claimants that they are mother and sister of the deceased-Suresh Palan. He was admitted to Manipal Hospital at Bangalore, on 2.2.2004, but died on the next day. There is no dispute with regard to the finding recorded by the Tribunal on the point of negligence. In so far as the quantum of compensation is concerned, the Tribunal has fixed income of the deceased at Rs. 3,000/- per month and applied multiplier ''10'' on the ground that the mother of the deceased was 60 years old. The Tribunal has not taken into account the age of the claimant''s sister on the ground that she was married. The Tribunal has awarded compensation in favour of the claimant deducting 50% of the income towards personal expenses of the deceased as under:
(in Rs. )
(i) Loss of dependency ( Rs. 1,500/- x 12 x 10)
1,80,000-00
(ii) Loss of love and affection
10,000-00
(iii) Transportation of dead body and funeral expenses
5.000-00
(iv) Medical expenses
4,000-00
Total
1,99,000-00
There is no material placed on record to show that the deceased was earning Rs. 5,500/- per month as Manager in a Hotel. Keeping in view that the deceased was 32 years old and even if he had worked as a Coolie in the year 2004, he would have earned a sum of Rs. 4,500/- per month. The deceased was a bachelor and therefore the Tribunal is justified in deducting 50% of the income towards personal expenses of the deceased. Thus, loss of dependency comes to Rs. 2,250/- per month. In our view, the claimants are entitled for compensation as under:
(in Rs. )
(i) Loss of dependency ( Rs. 2,250/- x 10 x 12)
2,70,000-00
(ii) Loss of love and affection
10,000-00
(iii) Attendant, conveyance and incidental charges
7,000-00
(iv) Transportation of dead body and funeral expenses
10,000-00
Total Less: Compensation awarded by the Tribunal
2,97,000-00 1,99,000-00
Balance
98,000-00
In the result, the Appeal is partly allowed holding that the appellant No. 1/mother of the deceased is entitled for additional compensation of Rs. 98,000/- along with costs and interest at the rate of 6% per annum from the date of Petition till realisation. Accordingly, the impugned judgment and award are modified.
Respondent No. 2/Insurance Company is directed to deposit the additional compensation amount along with costs and interest with the Tribunal within 3 months from today. The entire additional compensation amount shall be paid to appellant No. 1/mother of the claimant and 50% of the amount shall be kept in Fixed Deposit for a period of two years, during which period she shall be at liberty to draw periodical interest that accrues on the deposit.