AI Structured Summary
Not yet generated for this judgment
Judgment
Subhash B.Adi
Notice to respondent No. 1 is dispensed with.
This is a claimant''s appeal against the judgment and award dated 3.11.2010 in MVC No. 1305/2008 on the file of the MACT. Kundapura seeking enhancement of compensation.
On appreciation of the evidence on record, the Tribunal has awarded compensation of Rs. 7,75.000/-with interest. Unsatisfied with the same, claimant is before this Court.
Claimants are wife, minor daughters and parents of the deceased. The deceased died in a road accident that occurred on 18.9.2008. Claimants allege that the deceased was a Manager in Royal Traders at Bhatkal and earning Rs. 7,500/- p.m. and they have produced Ex.P6 showing the salary certificate. The Tribunal has taken the income of the deceased at Rs. 5,000/- and calculated loss of dependency at Rs. 7.80.000/-.
Learned counsel for the claimants submitted that in case of private employment, the reasonable escalation should have been given and income should have been taken at: Rs. 7,500/- p.m.
Private employment cannot be compared with the Government employment as the stability of employment differs. However, it also cannot be disputed that there would be prospects irrespective of private or Government employment. In this case, income could be taken at Rs. 6,000/- p.m. and deduction of 1/4th could be given. Considering the same, claimants are entitled for Rs. 4500/- x 12 x 16 = Rs. 8,64,000/- towards loss of dependency as against Rs. 7,20,000/- awarded by the Tribunal, hence, additional compensation of Rs. 1,44,000/- is awarded under this head.
Accordingly, the appeal is allowed in part, the Claimants are entitled to compensation of Rs. 1,44,000/-over and above the compensation awarded by the Tribunal, with interest.