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Judgment
N. Ananda, J.—This is a claimants appeal for enhancement of compensation
Heard Sri M. Prakash, learned Counsel for claimant and Sri C. Shankar Reddy, learned Counsel for Insurance Company.
Claimant No. 1 is the wife and claimants 2 to 4 are the minor children of deceased Mallaiah, who died in a motor vehicle accident that took place on 17.2.2008.
The tribunal has awarded compensation of Rs. 4,76,000/- under following heads:
1) Loss of dependency Rs. 4,16,000/-
2) Loss of consortium Rs. 20,000/-
3) Medical, incidental, transportation and funeral expenses Rs. 20,000/-
4) Loss of love and affection Rs. 20,000/-
Total Rs. 4,76,000/-
At the time of accident, deceased was aged about 45 years. Therefore, appropriate multiplier would be ''14''. The tribunal, on proper appreciation of evidence has determined the income of deceased at Rs. 4,000/- p.m. This, in my opinion does not call for interference. The tribunal, despite noticing the fact that deceased had as many as four dependants to care for, has deducted 1/3rd of the income of deceased towards his personal and living expenditure. Therefore, I deduct 1/4th of the income of deceased towards his personal and living expenditure. As the deceased was alive for a period of one day, the tribunal has awarded compensation of Rs. 60,000/- towards medical and conventional heads.
Therefore, I modify the compensation awarded by the tribunal as under:
1) Loss of dependency Rs. 5,04,000/-
(Rs. 4,000 x 12 x 14 x 3/4)
2) Loss of consortium Rs. 20,000/-
3) Medical, incidental, transportation and funeral expenses Rs. 30,000/-
4) Loss of love and affection Rs. 20,000/-
Total Rs. 5,74,000/-
Thus, claimants are entitled to total compensation of Rs. 5,74,000/-.
In the result, I pass the following order:
The appeal is accepted in part. The impugned award is modified. Compensation of Rs. 4,76,000/- awarded by the tribunal is enhanced to Rs. 5,74,000/-. 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.