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Judgment
K.L. Manjunath, J.—Being not satisfied with the compensation awarded to the claiments in MVC No. 897/05 dt. 25.1.2007 y the MACT, Hassen, the claimants have preferred MFA No. 10057/07 for enhancement. Contending that the quantum of compensation awarded by the Tribunal is on bigher side, the Insurance Company has filed MFA No. 7489/07. Therefore, these two matters are heard together.
The admitted facts in these appeals are as here under:
The claimants are the legal heirs of Arogyaswamy who was working as a Lineman in KEB drawing a salary of Rs. 9,125/- who died in a road traffic accident occurred on 26.6.2005 and succumbed to the injuries later in the hospital. He was aged about 54 years. The Trimunal considering the salary certificate awarded a total compensation of Rs. 7,59,000/-. Out of which Rs. 50,059/- towards medical expenses, Rs. 6,82,272/- towards loss of dependency. Being not satisfied with the same, both the claimants and the Insurance Company have preferred these appeals.
Having heard the counsel for the parties, on perusal of the salary certificate, the income can be taken at Rs. 9,000/- p.m. and out of which 1/3 has to be deducted towards personal expenditure. Therefore, the loss of dependency per annum has to be assessed at Rs. 72,000/-. Considering his age, we have to apply the multiplier of 11 and therefore the has of dependency has to be assessed at Rs. 7,92,000/-. In addition to that they are entitled for a sum of Rs. 40,000/- under the conventional heads. In addition to that they are also entitled for a sum of Rs. 50,000/- towards Medical expenses in addition to the amount awarded to them by the Tribunal.
Thus, in all the Appellants are entitled for a total compensation of Rs. 8,82,000/-, Out of which if we deduct a sum of Rs. 7,59,534/- awarded by the Tribunal, the claimants/Appellants are entitled for an enhanced compensation of Rs. 1,22,466/- with interest at 6% p.a. from the date of petition till the date of payment.
In the result, MFA No. 10057/07 is allowed in part. The Appellants are entitled for an enhanced compensation of Rs. 1,22,466/- with interest at 6% p.a. Out of which Rs. 1 lakh with proportion are interest is ordered to be deposited in the name of the 1st Appellant - widow of the deceased for a period of 5 years. Rest of the amount be released to the claimants.
M.F. ANC. 7489/2007 filed by the Insurance Company is dismissed.
The amount, if any in deposit in the appeal is ordered to be transmitted to the Tribunal.