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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, it is taken up for final disposal.
Heard Sri K. Vishwanath, learned Counsel for claimants and Sri Shankarareddy learned Counsel for Insurance Company.
The wife and children of deceased D. Ramaiah have filed this appeal for enhancement of compensation.
The tribunal has awarded compensation of Rs. 5,01,000/- under following reads:
1) Loss of dependency Rs. 4,48,000/-
2) Funeral expenses Rs. 5,000/-
3) Loss of love and affection of Appellants 2 and 3 Rs. 20,000/-
4) Loss of love and affection of Appellant No. 4
Rs. 5,000/-
5) Loses of consortium Rs. 10,000/-
6) Incidental expenses Rs. 3,000/-
7) Loss of estate Rs. 10,000/-
Total Rs. 5,01,000/-
It is not in dispute that deceased was aged about 38 years at the time of accident. He was an agriculturist and sericulturist. He was a B.A. Graduate. The claimants have produced RTC Extracts marked as Ex. P-6 and Silk Worm Rearing Licence cum Pass Book as per Ex. P-8. The tribunal despite noticing these facts has determined the income of deceased At Rs. 4,000/- p.m. Therefore, I determine the income of deceased at Rs. 5,000/- p.m. As the deceased had four dependants to care for, it would foe appropriate to deduct 1/4th of the income of deceased towards his personal and living expenditure. Thus, loss of dependency per annum would be Rs. 45,000/- and capitalised loss of dependency would be Rs. 6,75,000/-. The first claimant is entitled to compensation of Rs. 10,000/- towards loss of consortium and claimants are entitled to compensation of Rs. 30,000/- under conventional heads.
Thus, claimants are entitled to total compensation of Rs. 7,15,000/-.
In the result, I pass the following order:
The appeal is accepted in part. The impugned award is modified. Compensation of Rs. 5,01,000/- awarded by the tribunal is enhanced to Rs. 7,15,000/-. The rest of the impugned award as it relates to rate of interest period of accrual of interest and liability of Respondents is confirmed. The payment and investment shall be in the ratio evolved by the tribunal Parties are directed to bear their costs.