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Judgment
A.N. Venugopala Gowda
Claim petition filed under S. 166 to the Motor Vehicles Act, 1988, against the driver, owner and insurer of the offending vehicle was allowed in part. Income of deceased Jyothi was taken by the MACT at Rs. 3,000/- p.m. Her age being 26 years, multiplier of 17 was applied and loss of dependency was quantified at Rs. 4,08,000/-. Additional sum of Rs. 40,000/- was added under the conventional heads and an award for Rs. 4,48,000/- with interest at 6% p.a. was ordered to be paid by the respondents. Respondents have satisfied the award passed by the MACT. This appeal is by the claimants seeking enhancement of compensation. Heard, the learned counsel on both sides and perused the record.
Deceased, aged about 26 years, had qualification of Diploma in fashion Technology. Ex. P5 is a certificate issued by the Tailoring Unit and Ex. P7 is the certificate issued by Fashion Technology, Manipal. She was a tailor. However, there is no credible proof with regard to her income It was claimed in the Tribunal that the deceased was earning Rs. 150/- to Rs. 200/- per day by doing tailoring work. Tailoring is a skilled job and deceased could be expected to earn atleast Rs. 4,500/- p.m. 1/3rd has to be deducted towards personal expenses of the deceased and the balance 2/3rd i.e., Rs. 36,000/- p.a. has to be taken as loss of dependency. Deceased being 26 years of age, multiplier applicable is 17. The Tribunal has not correctly assessed the loss and award passed by it is not just and reasonable. Compensation which the Insurance Company has to pay to the appellant is Rs. 36,000 x 17 = Rs. 6,12,000/-. To the said sum, there has to be addition of Rs. 40,000/- under the conventional heads i.e., in all Rs. 6,52,000/-.
In the result, appeal is allowed in part. Impugned Judgment and award is modified. Compensation payable by the respondents to the appellants is determined at Rs. 6,52,000/- with interest at 6% p.a.
Respondents to deposit the balance amount in MACT within 2 months.
The enhanced compensation amount and interest thereon, be invested by the MACT, in the name of the 2nd claimant Kum. Vishmitha, in a Fixed Deposit in any Nationalised/Scheduled Bank till she attains the age of majority. Provision be made to withdraw the interest periodically by the guardian, to meet educational and other expenses of Kum. Vishmitha.
No order as to costs.