AI Structured Summary
Not yet generated for this judgment
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.
The parents of deceased Surendra Shetty, who died in a motor vehicle accident that took place on 8.2.2007 have filed this appeal for enhancement of compensation.
Heard Sri G.V. Narasimhamurthy, learned Counsel for claimants and Sri O. Mahesh, learned Counsel for Insurance Company.
The claimants haw contended that deceased was working as a Supervisor in. ''Shiva Caterers'' at Bombay and he was earning a sum of Rs. 10,500/- p.m. The tribunal has found that, evidence adduced by claimants consisted of interested testimonies of mother and elder brother of deceased. The tribunal has determined the income of deceased at Rs. 6,000/- p.m. though the evidence adduced by claimants is not satisfactory. In the circumstances, there are no reasons to further enhance the income of deceased.
The tribunal has awarded compensation of Rs. 4,57,000/- under following heads;
1) Loss of dependency
Rs. 4,32,000/-
2) Medical expenses
Rs. 20,000/-
3) Funeral expenses
Rs. 5,000/-
Total
Rs. 4,57,000
At the time of accident, first claimant {mother of deceased) was aged about 50 years. Therefore, appropriate multiplier would be ''13s. Thus, claimants are entitled to additional compensation of Rs. 36,000/- under the head ''loss of dependency.
The tribunal has awarded compensation of Rs. 20,000/- under the head ''medical expenditure'' and the same is sustained. The tribunal has awarded compensation of Rs. 5,000/- under conventional heads and the same is enhanced to Rs. 30,000/-. Therefore, compensation awarded by the tribunal is modified as under:
1) Loss of dependency (Rs. 3,000 x 12 x 13)
Rs. 4,68.000/-
2) Medical expenses
Rs. 20,000/-
3) Conventional heads
Rs. 30,000/-a
Total
Rs. 5,18,000/-
Thus, claimant is entitled to total compensation of Rs. 5,18,000/-.
In the result, I pass the following under:
The appeal is accepted in part. The impugned award is modified. Compensation of Rs. 4,57,000/- awarded by the tribunal is enhanced to Rs. 5,18,000/- with interest at 6% p.a, from the date of petition till the date of realization. The enhanced compensation shall be paid and invested in the ratio evolved by the tribunal.
It is seen from the impugned award that the learned trial Judge had directed that 50% of the compensation awarded to claimants shall be paid to them by way of issue of cheque and the remaining 50% shall he deposited m. any of the Nationalized Bank.
On 18.12.2009, claimants had made an application for payment and investment in terms of the award. However, it is seen from the order sheet that the learned trial Judge has issued a cheque for a sum of Rs,5,16,299/- Therefore, the Registrar General is directed to get the clarification from the Presiding Officer of the tribunal.