AI Structured Summary
Not yet generated for this judgment
Judgment
Hon''ble Mr Justice Huluvadi G. Ramesh
This is a claimant''s appeal seeking enhancement of compensation awarded by the MACT, Bangalore in MVC 7632/2007 on 26.2.2009.
The deceased Hanumantha Raju having sustained head injury in the accident on 28.2.2007 on NH 4 near Himalaya Drug Company due to the negligence of Indica Car bearing KA 25 N 2108, succumbed to the injuries while under treatment during May 2007 after long sufferance. On the claim petition filed by the claimants who are the wife, children and mother of the deceased, Tribunal awarded a total compensation of Rs.5,48,000/- with 6% interest.
Heard the counsel representing the parties.
According to the appellants'' counsel, deceased was earning more than Rs.5,000/- as he was working as a Supervisor and was also getting conveyance allowance of Rs.1,500/-.
The accident is of the year 2007. In the absence of any cogent evidence regarding income of the deceased, taking his income at Rs.4,500/- p.m., after deducting 1/4th towards personal expenses as per the ratio laid down in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , claimants would be entitled for Rs.6,43,200/- (Rs.3,03,050/- x 12 x 16) and another Rs.45,000/- towards conventional heads and Rs.25,000/- towards medical expenses, totally Rs.7,13.200/ in modification of the award of the Tribunal which shall carry 6% interest from the date of petition till deposit. Insurer to deposit the amount in three months.
Appeal is allowed in part.