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Judgment
N. Ananda, J.—This is a claimants'' appeal for enhancement of compensation. I have heard Sri. N. Gopalkrishna, learned counsel for claimants.
The claimants are the grownup sons and daughters of deceased Munivenkatamma, who died in a motor vehicle accident that took place on 04.09.2010. The Tribunal has awarded compensation of Rs. 50,000/-.
It is in the evidence of claimants that claimants 1, 4 and deceased were living under the same shelter; they are agriculturists by occupation. The I-claimant has deposed; deceased was contributing for the welfare of family and rendering her services to claimants. Though claimants 2 & 3, are not dependent on the deceased, yet services rendered by deceased towards her sons cannot be overlooked. Therefore, taking into consideration the services rendered by deceased and also considering household work rendered by the deceased, I determine her income as Rs. 3,000/- per month. After deducting 50% of income towards personal and living expenditure of the deceased, claimants are entitled to compensation of Rs. 1,62,000/- (Rs. 3,000/- x 50% x 12 x 9) towards capitalized loss of dependency. The compensation of Rs. 50,000/- awarded by Tribunal under conventional heads is confirmed. Thus, claimants are entitled to total compensation of Rs. 2,12,000/-. In the result, I pass the following:-
ORDER
The appeal is accepted in part. The impugned award is modified, compensation of Rs. 50,000/- awarded by Tribunal is enhanced to Rs. 2,12,000/-. The rest of the impugned award as it relates to rate of interest, period of accrual of interest, ratio of apportionment and payment is confirmed.
