AI Structured Summary
Not yet generated for this judgment
Judgment
Ravi Malimath
Aggrieved by the judgment and award dated 01.04.2008, passed by the VII Addl, Judge, Court of Small Causes, Member, MACT-4, Metropolitian Area, Bangalore, (SCCH.No. 4) in MVC No. 8458/2006, the claimants have filed the present appeal seeking enhancement. The case of the claimants is that on 21.11.2006, at about 5.30 a.m., when the deceased Srinivas was travelling in a motor cycle bearing No.KA-07-H-5988, from Kolar to Bangarpet near Kuppanahalli Gate, a tractor/trailor bearing No.KA-07-T-5852, 5853 being driven by its driver in a rash and negligent manner hit the motor cycle and the deceased died on the spot.
Accordingly, a claim petition was filed by the claimants. By the impugned judgment and award a sum of `4,00,000/- was awarded by the Tribunal Being dissatisfied with the quantum of the award, the claimants have presented this appeal seeking enhancement.
The counsel for the Appellants contends that the sum awarded is inadequate and hence calls for enhancement and that the monthly income, multiplier and the deductions are erroneously taken by the Tribunal, other than granting a meager sum towards conventional head and hence prays for enhancement.
Heard the counsel for the appellants and persued the records. The counsel for the respondents is absent.
The deceased was a bill collector with the panchayat and was also an agriculturist. He was earning a sum of `.3,900/- per month. The Hon''ble Supreme Court of India in the case of Sri Ramachandrappa Vs. The Manager, Royal Sundaram Alliance Insurance Company Limited, , wherein it was held that the income of a daily wager has to be taken anywhere between `100-150/-, as just and reasonable for an accident which occurred in the year 2004 in the state of Karnataka and accordingly a sum of `4,500/-was taken as monthly income.
The present accident is of the year 2006, Hence, the monthly income of the deceased is taken at `.4,500/-. There are four claimants and in view of the judgment of the Supreme Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , 1/4th of the monthly income requires to be deducted towards personal income. The deceased being 48 years, the appropriate multiplier would be 13'' Hence, the amount awarded towards loss of dependency at `.3,74,400/- is enhanced to a sum of Rs. 5,26,500/- (4500 - 1/4 x 12 x 13). The amount awarded towards the conventional heads is enhanced to `.50,000/- from `.25.000/-, in view of the number of claimants.
Hence, the total compensation is enhanced to a sum of `.5,51,500/. The enhanced compensation shall draw interest 6% from the date of petition till the date of payment, to he settled by the insurance company within a period of 8 weeks, from the date of receipt of the copy of this order. The compensation along with interest shall be distributed equally to all the four claimants.
Ordered accordingly.