Smt. Savithri, S.A. Asha, Sahukar Huchaiah and Smt. Venkatamma Appellant No. 2 minor Represented by appellant No. 1, Natural guardian cum mother vs Sri. Adbul Noushad and The New India Assurance Co. Ltd.

Ravi Malimath

At the request of the learned counsels appearing for the appellants and respondents, the matter is taken up for final disposal, since the records have been received. Aggrieved by the judgment and award dated 03.07.2009, passed by the Judge and Member - Motor Accident Claims Tribunal (SCCH-9), Bangalore, in MVC No. 187/2008, the claimant has filed this appeal seeking enhancement.

Heard the counsels and examined the records.

The Tribunal while considering the income of the deceased took the monthly income @ Rs. 3,000/- and accordingly, the loss of dependency was worked out after deducting 1/3rd of the income towards personal expenses as Rs. 3,12,000/- (2,000 x 12 x 16). The same is erroneous and requires interference. In a connected appeal, namely of the rider of the same vehicle, the income was taken at Rs. 3,600/-. Both the counsels submit that they have no objection if the same is accepted. Accordingly Rs. 3,600/- is taken as monthly income of the deceased in the present appeal.

There are four dependents and after deducting l/4th of the income, Rs. 2,700/- is taken as the monthly income of the deceased. Hence, the ''lose of dependency'' would be Rs. 5,18,400/- ( Rs. 2,700 x 12 x 16). The Tribunal has awarded Rs. 30,000/- towards ''conventional heads'' the same in enhanced to a sum of Rs. 65,000/-. Hence, in all, the claimant is entitled to a sum of Rs. 5,33,400/- (5,18,400 + 65,000) along with interest @ 6% per annum, from the date of petition till the date of payment, to be settled by the insurance company which will not be later than a period of 8 weeks, from the date of receipt of the copy of this order.

Ordered Accordingly.