The Oriental Insurance Co. Ltd. vs H.R. Hemalatha, N.H. Barath and Shahin Pasha H.R. Hemalatha and Others Vs Shahin Pasha and The Manager, The Oriental Insurance Co. Ltd.

Subhash B.Adi

These two appeals are against the judgment and award passed in MVC No. 1428/2007 dated 4-11-2009 on the file of Motor Accident Claims Tribunal, Hassan. MFA No. 2077/2010 is filed by the insurer and MFA No. 1168/2010 is filed by the claimants. The insurer has sought to question the quantum of compensation whereas the claimants have sought for enhancement of compensation.

The claimants are wife and major son of the deceased. The deceased was a pensioner aged about 60 years. He was drawing pension of Rs. 11,824/- per month. After his death, his wife is receiving pension of Rs. 3,548/-per month and the balance is Rs. 8,276/-. If 1/3rd is deducted towards personal expenses, if would come to Rs. 5,518/- and the loss of dependency comes to Rs. 5,95,944/- (Rs.5518 x 12 x 9). He had agricultural income also. If agricultural income is taken at Rs. 2,200/-per month, deducting 1/3rd thereof, claimant is entitled to Rs. 1,62,000/- (Rs. 1500 x 12 x 9). On the conventional heads, additional sum of Rs. 20,000/- is awarded. In all the claimants are entitled to Rs. 8,15,944/-, rounded off to Rs. 8,16,000/- as against Rs. 8,29,964/- awarded by the Tribunal.

Accordingly, appeal filed by the insurer is partly allowed. The claimants are entitled to compensation of Rs. 8,16,000/- with interest as against Rs. 8,29,964/-awarded by the Tribunal. The appeal of the claimants is dismissed. The amount in deposit shall be transferred to the Tribunal.