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Judgment
N. Ananda, J.—The matter is listed for admission. Lower court records are received. With the consent of learned counsel for parties, the matter is taken up for final disposal. This is a claimants'' appeal for enhancement of compensation.
Heard learned counsel for parties.
The findings of Tribunal on issues of negligence and liability of insurance company have attained finality. The other facts not being in dispute, the only question that would arise for determination in this appeal is:
Whether the tribunal has properly determined the income of deceased; whether there shall be addition of 30% of income towards future prospects in terms of judgment of the Supreme Court reported in Santosh Devi Vs. National Insurance Company Ltd. and Others, (in the case of Santosh Devi-vs.-National Insurance Company and others) ?
The claimants have established that deceased was a driver by occupation. He was aged about 30 years at the time of accident. He was holding a driving license to drive transport vehicle from 03.03.2004 to 02.03.2024. The deceased was maintaining his wife and child in Bangalore city. The accident took place on 15.02.2008. Therefore, a sum Rs. 5,000/- per month would be a reasonable estimate of income of the deceased.
In terms of judgment of the Supreme Court reported in Santosh Devi Vs. National Insurance Company Ltd. and Others, (in the case of Santosh Devi-vs.-National Insurance Company and others) 30% of income of deceased shall be added towards future prospects. Thus, total income of deceased per month would be Rs. 6,500/-. After deducting 1/3rd of same towards personal and living expenditure of deceased, loss of dependency would be Rs. 4,333/- per month rounded off to Rs. 4,350/- per month and capitalized loss of dependency would be Rs. 8,87,400/- (Rs. 4,350 x 12 x 17). The tribunal has awarded compensation of Rs. 50,000/- under conventional heads which does not call for interference. Thus claimants are entitled to total compensation of Rs. 9,37,400/-.
In the result, I pass the following:
ORDER
(i) The appeal is accepted in part.
(ii) The impugned award is modified by enhancing compensation of Rs. 6,62,000/- awarded by tribunal to Rs. 9,37,400/-.
(iii) The rest of the award relating to rate of interest, period of accrual of interest and ratio of payment and investment is confirmed.
The interest for delayed period of 200 days is disallowed.