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Judgment
S. Abdul Nazeer, J.—This appeal by the claimants is directed against the judgment and award in MVC No. 15/2010 dated 12.9.2011 on the file of the Senior Civil Judge and JMFC at Sakleshpur, whereby the Tribunal has awarded total compensation of Rs. 5,65,000/- with interest at 6% per annum from the date of the petition till the date of deposit. Learned Counsel for the appellants/claimants would contend that the deceased was doing agriculture as also milk vending business and earning more than Rs. 10,000/- per month. The Tribunal has taken his income at Rs. 3,750/- per. month for the purpose of computation of loss of dependency. It is argued that the Tribunal has not awarded appropriate compensation towards loss of consortium and towards loss of love and affection.
On the other hand, learned Counsel appearing for the respondent-Insurance Company has sought to justify the impugned judgment and award.
I have carefully considered the arguments of the learned Counsel made at the Bar and perused the materials placed on record.
The claimants are the wife and children of one Asif Pasha @ Chandi. Asif Pasha died in a motor vehicle accident occurred on 10.2.2010. That is why they have filed the above petition seeking compensation.
According to the claimants, the deceased was doing agriculture as also milk vending business and earning more than Rs. 10,000/- per month. However, the claimants have not produced any materials in support of the said contention. The accident had occurred on 10.2.2010. I am of the view that it is just and proper to notionally fix his income at Rs. 4,500/- per month. 1/4th of the income has to be deducted towards his personal expenses having regard to the number of dependents left behind by him. He was aged 40 years. The multiplier applicable to the case is 15. By taking his income at Rs. 4,500/- per month after deducting 1/4th of the income towards his personal expenses and with the application of multiplier 15, the compensation payable towards loss of dependency comes to Rs. 6,07,500/-.
The first claimant is entitled for a sum of Rs. 50,000/- towards loss of consortium and the other appellants are entitled for Rs. 50,000/- towards loss of love and affection and a sum of Rs. 10,000/- is awarded towards funeral expenses. In all, the claimants are entitled for compensation in a sum of Rs. 7,17,500/-.
The Tribunal has awarded a sum of Rs. 5,65,000/- which has to be deducted from the aforesaid amount and the balance of compensation payable to the claimants is Rs. 1,52,500/-. The said sum of Rs. 1,52,500/- shall carry interest at 6% per annum. In the result, the appeal succeeds and it is accordingly allowed in part. The respondent - Insurance company is directed to deport a sum of Rs. 1,52,500/- with interest at 6% per annum from the date of the petition till the date of deposit within a period of eight weeks from the date of receipt of a copy of this order. The first appellant (wife of the deceased) is permitted to withdraw the amount on its deposit. No costs.