AI Structured Summary
Not yet generated for this judgment
Judgment
Hon''ble Mr.Justice Subhash B Adi
This appeal is by the insurer both on the negligence and also the quantum of compensation, whereas, cross objection is filed by the claimants seeking enhancement of compensation. The claimants are the parents of the deceased. The deceased who was 19 years at the time of accident, died in a road accident on 6-8-2009. The claimants allege that he was earning Rs. 6,000/- per month as he was working as a technician in a private firm. The Tribunal has taken the income at Rs. 3,000/- per month and has determined the loss of dependency at Rs. 3,12,000/-.
The learned counsel for the insurer submitted that there is no evidence to show that the deceased was earning Rs. 3,000/- per month and even it was taken at Rs. 3,000/-. 50% should have been deducted towards personal expenses.
On the other hand, learned counsel for the claimants submitted that the deceased was 19 years. Apart: from the fact that he was earning Rs. 6,000/- per month by way of salary, he could have earned much more amount in future. Having regard to the age and the accident is of the year 2009, his income could not have been less than Rs. 6,000/- per month and therefore no need to prove the salary by producing the documents.
The fact that the appellants-claimants have lost their son aged about 19 years in a road accident is not in dispute. As far as negligence is concerned, there is not even an oral evidence on the pert of the insurer except contention in the objection and argument. I do not find any merit in the said contention.
As far as the Income is concerned, in the year 2009, even an ordinary coolie could earn Rs. 4,000/- to 5,000/-and if a person who is working in private firm, his income could not have been less than Rs. 5,000/- per month. Further, deduction should have been given at 50% as he was a bachelor and therefore, dependency of the appellants on the deceased would come to Rs. 3,90,000/- as against Rs. 3,12,000/- i.e., additional sum of Rs. 78,000/-. Under the conventional heads, Rs. 20,000/- has been awarded and in my opinion, additional sum of Rs. 30,000/- can be awarded under the conventional heads. Therefore, in all the claimants are entitled to additional compensation of Rs. 1,08,000/- with interest. Accordingly the appeal filed by the insurer is dismissed. The cross objections filed by the claimants is partly allowed. The claimants are entitled to enhanced compensation of Rs. 1,08,000/- with interest, over and above the compensation awarded by the Tribunal. The amount in deposit shall be transferred to the Tribunal.