AI Structured Summary
Not yet generated for this judgment
Judgment
K.L. Manjunath, J.—The Appellants being not satisfied with the compensation awarded to them by the Motor Accidents Claims Tribunal
(for short ''the Tribunal'') Bangalore in MVC No. 6153/2004 dated 16th December 2006 have preferred this appeal for enhancement.
The claimants are the legal representatives of one Vikas Jain who died in a road traffic accident that occurred on 25-7-2004 at about 5.45 p.m.
while he was traveliing in a car bearing registration No. RJ-14-IC-6919. On that day, while the deceased along with his sister was travelling from
Ajmer towards Jaipur, a Truck bearing registration No. GJ-1-UU-8217 which was coming from the opposite direction in a rash and negligent
manner dashed against, the Maruthi Car in which the deceased was travelling. Vikas Jain died in the said accident. The deceased was a
businessman, aged about 29 years. The Tribunal considering his income at Rs. 30,000/- p.a. awarded the total compensation of Rs. 3,60,000/-.
Being not satisfied with the same, the present appeal is filed for enhancement.
We have heard the claimant for the parties.
Admittedly the deceased was a Timber merchant, he was assessed to income tax. Ex.P. 11 Saral Form filed by him shows his income as Rs.
1,20,000/- p.a. If it is so, if we deduct 1/3 towards personal expenditure, the loss of dependency has to be assessed at Rs. 80,000/-p.a.
Considering his age, we have to be applied the multiplier of 17. Therefore, the loss of dependency is to be assessed at Rs. 13,60,000/-. In
addition to that, they are entitled for a sum of Rs. 40,000/- under the conventional heads. Thus, in all, the Appellants are entitled to Rs.
14,00,000/- out of which, if we deduct Rs. 3,60,000/- awarded by the Tribunal, the Appellants are entitled to enhanced compensation of Rs.
10,40,000/- with interest at the rate of 6% p.a. from the date of petition till the date of payment.
It has come in the evidence of the claimant that the first Appellant Alaka Jain who is the widow of Vikas Jain has remained to one Kothari and
staying with her husband in Bombay. Therefore, the major portion of the compensation awarded has to be deposited in the name of minor children
of the deceased.
The appeal is allowed in part. The claimants are entitled to enhanced compensation of Rs. 10,40,000/-. Out. of the enhanced compensation, a
sum of Rs. 4,50,000/- each, shall be deposited in the names of two minor children Master Palak Jain and Master Aryan Jain, till they attain the age
of majority and their mother is entitled to draw the periodical interest towards maintenance of the minor children and rest of the amount be released
to the first Appellant.