High CourtsDivision Bench(2013) 10 KAR CK 0162

Sri H.S. Umesh and Smt. Poornima Umesh vs The Oriental Insurance Co. Ltd., Bangalore-1 and Sri H.B. Harish

Karnataka High Court · Decided on 10 October 2013

HON’BLE JUDGES
Mohan M. Shantanagoudar, J · B. Sreenivase Gowda, J
RESULT
Partly Allowed
CASE NUMBER
M.F.A. No. 8614 of 2011 (MV)

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Judgment

6 paragraphs · 382 words

Mohan M. Shantanagoudar, J.—Nitin Umesh Hosamane died in the accident that occurred on 27.7.2008. The claimants are the dependent parents of the deceased. Deceased was a bachelor and was working as Solution Centre Engineer in M/s. Hewlett Packard Global Soft Private Limited, Bangalore. He was aged about 25 years. According to the claimants, the deceased was drawing monthly salary of Rs. 33,500/-. The Tribunal has awarded compensation of Rs. 12,10,000/- in all, under various heads. This appeal is filed praying for enhancement of compensation. Undisputedly the deceased was working as Solution Centre Engineer in M/s. Hewlett Packard Global Soft Private Limited, Bangalore. Ex. P8 is the salary certificate of the deceased for the month of April, 2008 which reveals that the net pay after deduction of the claimant was Rs. 27,930/-. The salary slip of May, 2008 reveals that net pay of the deceased was Rs. 30,616/-. For the month of June, 2008, the net pay of the claimant was Rs. 32,328/-. The accident has occurred on 27.7.2008. Thus, it can safely be concluded that the deceased was drawing more than Rs. 32,000/- per month as on the date of the accident. After deducting the taxes and other compulsory deductions, the income of the deceased would have been Rs. 30,000/- p.m. Since the deceased was a bachelor he would have spent atleast 50% of his income towards his personal expenses. The age of the mother of the deceased is 46 years (youngest of the parents). Thus, the proper multiplier to be adopted is ''13''.

Based on the aforesaid facts and figures, the claimants are entitled to Rs. 30,42,000/- under the head of ''loss of dependency''. In addition to the same, the claimants shall be awarded Rs. 50,000/- under conventional heads. Thus, in all, the claimants are entitled to Rs. 30,92,000/-. Accordingly, the following order is made:-

The claimants are entitled to total compensation of Rs. 30,92,000/- (Rupees thirty lakhs ninety-two thousand only) as against the compensation of Rs. 12,10,000/- awarded by the Tribunal below. Thus, the compensation is enhanced by Rs. 18,82,000/-.

The rate of interest, apportionment and deposit of the amount in the Nationalized Bank shall remain as directed by the Tribunal.

The amount in deposit if any, shall be transmitted to the Tribunal below.

Accordingly, the appeal is partly allowed.