AI Structured Summary
Not yet generated for this judgment
Judgment
K.L. Manjunath, J.—MFA 9657/2006 is filed by the Insurance Company challenging the judgment and award passed by the Motor Accidents Claims Tribunal (for short ''the Tribunal'') Udupi in MVC No. 346/2004 dated 30-6-2006. MFA 12935/2006 is filed by the claimants being not satisfied with the quantum of compensation awarded to them by the Tribunal in MVC No. 346/2004 dated 30-6-2006.
The following facts are not in dispute:
In a road traffic accident that occurred on 1-6-2003, a leading textile businessman by name Suresh S. Kotian who was aged 40 years died in the accident. He had textiles and tailoring section both at Bombay and Mangalore. He was assessed to income tax. The Tribunal considering the Saral Forms and also considering his income at Rs. 2,04,977/- p.a., after deducting 30% of the tax payable which comes to about Rs. 1,43,770/- p.a. After deducting 1/3 towards his personal expenditure and applying the multiplier of 13 the Tribunal had assessed the loss of dependency at Rs. 12,43,476/-. In addition to that. Rs. 1,45.000/- has been awarded under the conventional heads. Thus, the Tribunal has awarded the total compensation of Rs. 13,88,476/- with interest at the rate of 6% p.a. from the date of petition till the date of payment.
Contending that the compensation awarded by the Tribunal is on the higher side, the Insurance Company has filed MFA No. 9657/2006 and the claimants have filed MFA No. 12935/2006 contending that the compensation awarded by the Tribunal is on the lower side.
We have heard the learned Counsel for the parties.
Considering the income tax returns of the deceased, we do not see any error committed by the Tribunal. Accordingly, we assess the income of the deceased at Rs. 1,44,000/- p.a. But, considering the total number of dependents, instead of deducting 1/4, tribunal has deducted 1/3 of his income towards personal expenditure. Even if we deduct 1/4 of Rs. 1,44,000/- and apply multiplier of 13, the loss of dependency has to be assessed at Rs. 14,04,000/- In addition to that, we are inclined to award a sum of Rs. 70,000/- under the conventional heads which is inclusive of the amount spent by them to keep the dead body in Martuary for three days. Therefore, the Appellants are entitled for total compensation of Rs. 14,74,000/-, out of which, if we deduct Rs. 13,88,476/- as awarded by the Tribunal, the Appellants-claimants are entitled to enhanced compensation of Rs. 85,524/- which is rounded of to Rs. 85,500/-.
In the result, MFA No. 12935/2006 filed by the claimants is allowed in part holding that they are entitled for enhanced compensation of Rs. 85,500/- with interest at 6% p.a. from the date of petition till the date of payment.
Considering the number of dependents, we direct the Tribunal to release the entire amount to the claimants.
MFA No. 9657/2006 is dismissed. The amount if any, in deposit is ordered to be transmitted to the Tribunal.