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Judgment
L. Narayana Swamy, J.—1. Being aggrieved by the judgment and award dated 01.01.2013 on the file of the Principal Senior Civil Judge, MACT, Shimoga, seeking enhancement of compensation.
Claimant/appellants are the parents of the deceased who died in a road traffic accident that occurred on 16.10.2008. The Tribunal has awarded a sum of Rs. 4,52,888/- in all by taking the income of the deceased at Rs. 4,000/- per month for calculating compensation under the head Loss of Dependency.
The main ground urged in this appeal is that the Tribunal has committed an error in assessing the monthly income of the deceased at Rs. 4,000/- instead of Rs. 7,500/- per month. In support of their contention, claimants have produced Exs. P10 - SSLC Marks Card, Ex. P.11 - Provisional National Trade Certificate, Exs. P12 to 14, Diploma Marks cards and further it is stated that he was working as an Assistant Manager of Bookings during 2007 from 6th March to 6th August for five months and was drawing a salary of Rs. 7,500/- per month. The author of the salary certificate is also examined. Therefore, it is submitted that Tribunal has committed an error in assessing the monthly income of the deceased at Rs. 4,000/- per month which needs to be modified.
They also further contend that the Tribunal has also not awarded any compensation towards future prospects of the deceased for which he is entitled. Therefore, they request this court to consider the same while awarding the compensation and request to allow the appeal by modifying the impugned judgment and award.
Learned counsel for the third respondent -insurance company submits to dismiss the appeal on the ground that the income of the deceased has not been proved to the satisfaction of the Tribunal. Accordingly what has been assessed by it is correct and no interference is called for. He also submits that awarding future prospects is not applicable in this case since he was working in an unrecognized company.
Heard the learned counsel for the parties and perused the records.
The Hon''ble Supreme Court in number of its judgments has observed that claimants of the deceased who were/are working in unrecognized organizations are also entitled to claim compensation under the head future prospects. In the present case, income of the deceased has been proved by producing Exs. P10 to 14. The Ex. P25 salary certificate is supported by the evidence of PW3 who is the employer. These documents and evidence of PW3 it is sufficient to hold that he was earning a salary of Rs. 7,500/- per month.
In the circumstances, appellants are to succeed. The income of the deceased is assessed at Rs. 7,500/- per month. Accordingly, if 50% of it is deducted towards his personal expenses it comes to Rs. 3,750/- Again Future prospects of the deceased is to be assessed it comes to Rs. 3,750/- and in total it works out to Rs. 7,500/- per month. As rightly applied multiplier at 14 by the Tribunal, the total compensation to be awarded for Loss of dependency will be Rs. 12,60,000/- (7500 x 12 x14) as against 4,47,888/- awarded by the Tribunal.
A sum of Rs. 35,000/- is awarded towards conventional heads such as loss of love and affection etc., in addition to Rs. 5,000/- awarded by the Tribunal towards funeral expenses.
In all the total compensation for which the claimants are entitled will be Rs. 9,85,000/- with interest at 6% per annum.
Accordingly, the appeal is allowed-in-part, modifying the judgment and award dated 01.01.2013 in MVC No. 61/2009 on the file of the Principal Senior Civil Judge, MACT, Shimoga, awarding a compensation of Rs. 9,85,000/- which carries interest at 6%per annum.
The amount in deposit, if any shall be transmitted to the concerned Tribunal for disbursement forthwith.
Apportionment of the compensation would be as per the order of the Tribunal.