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Judgment
K.L. Manjunath, J.—By consent, these two matters are heard together since both the appeals are arising out of the Judgment and award passed by the MACT, Harihar, in MVC NO. 148/07 dt. 1.6.2010. MFA NO. 6537/10 is filed by the claimants for enhancement being not satisfied with the compensation awarded to them by the Tribunal. MFA NO. 6284/10 is filed by the Insurance Company challenging the quantum of compensation awarded by the Tribunal. Therefore, these two matters are heard together.
After hearing the learned counsel for the parties, we have noticed the following undisputed facts in these two appeals:
The claimants are the legal heirs of one G.Y. Shekarappa who sustained grievous injuries in a road traffic accident occurred on 20.11.2006 at about 11.15 p.m. near Balehalli Veerasimhasana Mangala Mantapa on Old P.B. Road at Kumarapattanam. At that point of time, he was riding his motor cycle bearing regn. No. KA17/Q 5183. From the opposite direction the driver of a Pick-up van bearing No. KA 17/A 3571 drove in a rash and negligent manner and dashed against the motor cycle of the deceased. On account of the some he sustained grievous injuries and was admitted to the hospital. Later he succumbed to the injuries in the hospital. Deceased was aged about 51 years, He was working as an electrician at Harihar Polyfibers drawing a salary approximately Rs. 15,000/- p.m. The claimants produced the medical bills amounting to Rs. 2,75,000/-towards the treatment of the deceased. The Tribunal considering the income of the deceased at Rs. 15,000/-p.m deducting 1/3 towards his personal expenses by applying the multiplier of 11 awarded a sum of Rs. 13,20,000/- towards the loss of dependency. A sum of Rs. 10,000/- towards loss of love and affection, Rs. 20,000/- towards transportation of dead body, funeral exposes, a sum of Rs. 2,75,000/- towards medical expenses based on the actual medical bills. Thus, in all a sum of Rs. 16,35,000/- has been awarded by the Tribunal.
Being not satisfied with the same, the claimants have filed the appeal for enhancement. Similarly contending that the compensation awarded in an higher side, the Insurance Company has filed the appeal for reduction.
Having heard the counsel for the parties, we have noticed that the Tribunal without giving deductions to the income tax payable by the deceased has assessed his income at Rs. 15,000/- p.m. Similarly we have noticed that the Tribunal did not award compensation towards attendant charges and conveyance spent by the claimants during the hospitalisation of the deceased. Therefore, we haws to reconsider the entire evidence and find out whether the compensation awarded by the Tribunal is required to be enhanced or reduced.
The income of the deceased is not in dispute Therefore, we are inclined to consider his income at Rs. 15,000/- p.m. However, we have to deduct the professional tax and income tar payable by the deceased. After deducting the income tax and professional tax payable by the deceased, we have to consider the income of the deceased at Rs. 13,000/-p.m. and Rs. 1,56,000/- p.a. If the same is multiplied by 11 considering his age, the total amount would be Rs. 17,16,000/-. Out of which if we deduct 1/3 of the same towards the personal expenditure of the deceased in a sum of Rs. 5,72,000/-, the actual loss of dependency has to be assessed at Rs. 11,40,000/-. In addition to that the claimants are entitled for a sum of Rs. 40,000/- under the conventional heads. In addition to that the claimants are also entitled for a sum of Rs. 2,90,000/- towards medical expenditure, conveyance, attendant charges, etc.
Thus, in all the claimants are entitled for a total compensation of Rs. 14,74,000/-. If we deduct Rs. 14,74,000/- out of the compensation of Rs. 16,35,000/- awarded by the Tribunal, we have to bold that the Tribunal has awarded an excess of compensation of Rs. 1,61,000/ -. In the result, MFA NO. 6537/10 filed by the claimants for enhancement is dismissed. The appeal filed by the Insurance Company in MFA No. 6284/10 is allowed in-part. The compensation awarded by the Tribunal is reduced from Rs. 16,35,000/- to Rs. 14,74,000/- with interest at 6% p.a. from the date of petition, till the date of payment.
The amount if any in deposit in MFA 6284/10 is ordered to be transferred to the Tribunal.