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Judgment
Subhash B. Adi
This is claimants appeal seeking enhancement of compensation. The Tribunal has awarded compensation of Rs. 4,08,000/ with interest. Unsatisfied with the same, claimants are before this Court.
The claimants are the wife, three minor children and mother of the deceased. The Tribunal has taken the income of the deceased at Rs. 3,000/- and has awarded compensation of Rs. 4,08,000/- under the following heads:
Loss of dependency
Rs. 3,78,000/
Loss of estate
Rs. 10,000/-
Loss of consortium to
Claimant No. 1
Rs. 10,000/-
Transportation and
Funeral expenses
Rs. 10,000/-
TOTAL
Rs. 4,08,000/-
It is stated that the deceased was working as a loader and unloader in the poultry and earning Rs. 9,000/- per month. However, there is no evidence regarding the actual income of the deceased. The accident is of the year 2008 and reasonable income should nave been taken by the Tribunal. Taking the income of the deceased at Rs. 4,500/- per month and giving deduction of 1/4 towards his personal expenses, the claimants are entitled for Rs. 5,67,000/- (Rs. 3375 x 12 x 14) as against Rs. 3,78,000/- i.e., additional compensation of Rs. 1,89,000/- towards loss of dependency. Similarly, the claimants are entitled for additional compensation of Rs. 50,000/- under the conventional head. In all, the claimants are entitled for compensation of Rs. 2,39,000/- over and above the compensation awarded by the Tribunal with interest.
Accordingly, the appeal is partly allowed.