Smt Asharani A.G., Madan and Mahima, represented by natural guardian - mother Smt Asharani vs B. Yogeshappa @ B.B.Sadappa and The Manager, The Oriental Insurance Co. Ltd.

A.S. Pachhapure

The appellants dissatisfied with the quantum of compensation awarded by the Tribunal have Sled this appeal seeking enhancement.

The facts are that at about 10-00 a.m. on 28-1-2009 Satish Babu was proceeding on the side of the road. At that time a motorcycle bearing registration No. KA-18-R-4761 came in a rash and negligent manner and hit him. He sustained severe injuries and succumbed to the injuries in the hospital. The appellants, being his legal representatives, have claimed compensation. The Tribunal considering that the deceased was a businessman running a provision store, assessed his income at Rs. 75,000/- per annum, adopted multiplier 11 and granted compensation of Rs,5,50,000/- for loss of future income and Rs. 25,000/- on conventional heads. Dissatisfied with the amount of compensation awarded, the present appeal is filed.

I have heard the learned counsel for both the parties.

Exs.P-27 to P-29 are the Income Tax returns of the deceased for the years 2004-05, 2005-06 and 2006-07. The income for these years is shown as Re.30/766/-, Rs. 80,029/- and Rs. 82,681/- respectively. Though the accident was occurred in the year 2009, the claimants did not produce the income tax returns for the relevant period, It is under these circumstances that the Tribunal took the average of three, years and assessed the income of the deceased at Rs. 75,000/- per annum. There appears to be no error in so assessing the income of the deceased.

In the income tax returns the date of birth of the deceased is shown as 2-1-1956. He was aged 53 years when the accident occurred, thereby the Tribunal has rightly adopted the Multiplier 11.

As could be seen from the compensation awarded on conventional heads, a total sum of Rs. 25,000/- has been awarded. This appears to foe an the lower side. Taking into consideration the loss of estate, funeral expenses, loss of love and affection etc, I think ends of justice would be met if the compensation on conventional heads is enhanced to Rs. 40,000/-, thereby the appellants are entitled to additional sum of Rs. 15,000/- with interest at 6% p.a. from the date of petition till the date of payment

In the result, the appeal is allowed in part. The Judgment and Award passed by the Tribunal is modified. In addition to the compensation of Rs. 5,75,000/- awarded by the Tribunal with interest, the claimants are entitled to additional sum of Rs. 15,000/- with interest at 6% p.a. from the date of petition till the date of payment.

The enhanced compensation with interest shall be distributed equally amongst the appellants.