High CourtsDivision Bench(2013) 10 KAR CK 0167

Smt. Indira vs The Director M/s. Tanglin Developments Ltd. and The Manager, Bajaj Allianz General Insurance Co., Ltd.

Karnataka High Court · Decided on 8 October 2013

HON’BLE JUDGES
Mohan M. Shantanagoudar, J · B. Sreenivase Gowda, J
RESULT
Partly Allowed
CASE NUMBER
M.F.A. No. 3968 of 2010 (MV)

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Judgment

6 paragraphs · 269 words
1.

Son of the appellant, namely M. Mani, aged about 20 years, died in the accident that occurred on 13.9.2008. He was a coolie and loader at the time of accident. The Tribunal has awarded total compensation of Rs. 3,76,000/- with interest at 6% thereon. This appeal is filed by the claimant praying for enhancement of compensation. As aforementioned, the appellant is the mother of the deceased. Deceased was a bachelor. The accident has occurred in the year 2008. Even a coolie would have earned Rs. 150/- per day during the relevant time. Thus, we assess the monthly income of the deceased at Rs. 4,500/-. 50% needs to be deducted towards his personal expenses having regard to the fact that deceased was a bachelor. 30% of the income needs to be added towards future prospects of the deceased. The Tribunal has rightly adopted the multiplier of ''14'' having regard to the age of the mother of the deceased.

Based on the aforementioned facts and figures, the claimant is entitled to Rs. 4,91,400/- under the head of loss of dependency. The Tribunal has rightly awarded Rs. 40,000/- under the conventional heads. The said amount remains unaltered. Thus, in all, the claimant is entitled to Rs. 5,31,400/-. Accordingly, the following order is made:--

The claimant is entitled to total compensation of Rs. 5,31,400/- (Rupees five lakhs thirty-one thousand and four hundred only).

The rate of interest and deposit of the amount in the Nationalized Bank shall remain as directed by the Tribunal.

The amount in deposit if any, shall be transmitted to the Tribunal below.

Accordingly, the appeal is partly allowed.