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Judgment
Ravi Malimath
Being aggrieved by the Judgment & award dated 7.11.2007 passed in MVC. No. 203/2003 on the file of the II Additional Civil Judge (Sr. Dn.) and Addl. MACT, Kolar, the Insurance Company has filed the present appeal. The only contention urged by the appellant''s counsel is that the age reckoned by the Tribunel is erroneous. That the first claimant is the husband of the deceased who is said to be aged 65 years. The second claimant is stated to be the son of the deceased who is said to be aged 43 years. The rest of the claimants are the other sons and married daughters.
The learned counsel appearing for the appellants submits that so far as the second claimant is concerned he is an employee of the appellant wherein his date of birth is shown as 4-7-1947 which means that he would be aged 66 years on the date of the accident. However, the Tribunal has taken the age of the deceased as 45 years which is wholly misappropriate. As a consequence whereof, on the basis of the age of the deceased the multiplier of 13 has been adopted. He pleads that she is aged 65 years and the amount of compensation requires to be reduced.
The compensation awarded by the Tribunal is as follows:
Loss of dependency
Rs. 3,12,000/-
Shifting & funeral expenses
Rs. 3,000/-
Loss of Consortium
Rs. 10,000/-
Loss of love & affection
Rs. 10,000/-
Loss of estate
Rs. 10,000/-
Total
Rs. 3,45,000/-
The respondents are served and unrepresented. On hearing counsels I am of the considered view that the contentions are well founded and deserves to be accepted. In view of the document and the consequent claim that the husband is said to be 65 years, the maximum age that could be taken as age of the deceased and the appropriate multiplier would be 7. Accordingly under the head loss of dependency a sum of Rs. 3,12,000/- which has been awarded on the basis of the income of the deceased at Rs. 100/- per day and her age being 45 the same is reduced. If the income is taken as Rs. 100/- per day, it would be Rs. 3,000 x 12=36,000. After deducting l/3rd towards personal expenses it comes to Rs. 2,000/-. Thus, her annual income comes to Rs. 24,000/-. (Rs. 36,000/- - Rs. 12,000= Rs. 24,000). Therefore, the loss of dependency comes to Rs. 1,68,000/- (Rs. 24,000 x 7). The rest of the amounts awarded are just and reasonable and do not call for any interference. The compensation is awarded as under:-
Loss of dependency
Rs. 1,68,000/-
Shifting & funeral expenses
Rs. 3,000/-
Loss of Consortium
Rs. 10,000/-
Loss of love & affection
Rs. 10,000/-
Loss of estate
Rs. 10,000/-
Total
Rs. 2,01,000/-
Accordingly, the appeal is partly allowed. The compensation is reduced by a sum of Rs. 1,68,000/-. The remaining amount of compensation Rs. 1,44,000/-(Rs. 3,45,000- Rs. 2,01,000) shall be paid within 8 weeks from the date of receipt of copy of this order. The amount in-deposit shall be transmitted to the Tribunal for necessary orders.