AI Structured Summary
Not yet generated for this judgment
Judgment
Huluvadi G. Ramesh
Misc. Cvl No. 16734/2011 is allowed and delay of 272 days in filing the appeal is condoned subject to the condition that claimants are not entitled for interest for the delay period on the enhanced compensation, if any. Notice to respondent No. 2 is dispensed with.
This appeal is by the claimants, who are the legal representatives of deceased Ravi Reddy, against the judgment and award dated 5-4-2010 passed by the MACT, Bangalore, in MVC No. 4987/2009.
On 11-5-2009 at about 3.30 p.m. when Ravi Reddy was sleeping, tipper lorry bearing No. AP 09 Y 4870 came reverse in a rash and negligent manner and ran over him and he died on the spot. In the claim petition filed, the Tribunal held that the accident was due to rash and negligent driving of the Tipper Lorry and awarded compensation of Rs. 2,95,000/- under the following heads:-
Loss of income/dependency
Rs. 2,70,000/-
Loss of love & affection
15,000/-
Transportation & Funeral
10,000/-
Total:
2,75,000/-
Being not satisfied with the quantum of compensation, the claimants are before this Court for enhancement.
The deceased was aged 20 years at the time of death. He was a Cleaner of lorry. Due to untimely death of the deceased, the claimants have lost his love and affection and also the sold bread earner of the family. Taking the age of the mother, the Tribunal applied multiplier 15. The age of the mother being 45 years, the appropriate multiplier is 14. Taking the income of the deceased at Rs. 3,000/- per month and deducting 50% towards personal expenses of the deceased, the Tribunal awarded the compensation under the head loss of dependency. Having regard to the age and avocation of the deceased, the monthly income of the deceased is taken as Rs. 4,000/- and after deduction of 50%, it would be Rs. 2,000/-. Accordingly, the claimants are awarded compensation asunder:-
Loss of dependency (2000 x 12 x 14)=
Rs. 3,36,000
Other conventional heads
40,000
TOTAL:
3,76,000
The appeal is partly allowed. The judgment and award of the Tribunal is modified enhancing compensation by Rs. 81,000/-with interest at 6% per annum excluding for the delay period of 272 days. The first respondent insurance company shall deposit the enhanced compensation together with interest as above within three months.