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Judgment
Smt. Yallamma, mother of the appellant - claimant, sustained fatal injuries in a road traffic accident on 24.09.2009 and died. Claim petition was filed by the appellant in the MACT against the respondents, owner and insurer of the offending vehicle. Tribunal has allowed the claim petition in part and passed an Award for Rs. 30,000/-with interest. Dissatisfied, claimant has filed this appeal. Learned Advocate for the appellant contended that the that the Tribunal has erred in not awarding compensation under the head ''loss of dependency'' and the sum awarded even under the conventional heads is a paltry sum.
Learned Advocate for the respondent -Insurance Company, on the other hand, pointed out that the deceased was aged about 81 years and the claimant was aged about 55 years and that the claimant has admitted that he being a coolie is earning, which shows that he was not dependent on the deceased. Learned counsel submitted that, in the facts and circumstances of the case, Tribunal is justified in passing the award for Rs. 30,000/- with interest.
Keeping in view the rival contentions and the record of the case, only point for consideration is, whether the Tribunal has passed just award? Indisputedly, deceased was aged more than 80 years at the time of accident. Though it is claimed that she was an agarbatti coolie and was earning Rs. 4,000/- p.m., loss of dependency has not been established. Certainly, there is loss to the estate. In the circumstances, the compensation payable by the respondents to the appellant stands determined at Rs. 50,000/- as against Rs. 30,000/-.
In the result, the appeal is allowed in part. The impugned Judgment / Award is modified. Appellant is held entitled to compensation of Rs. 50,000/- with Interest at 6% p.a. from the date of filing of claim petition till the date of deposit, in the MACT.
Respondent - Insurance Company is granted two months'' time to deposit the balance compensation amount in the MACT.
No order as to costs.