DEEPAK S/O LATE RAMALU TUNKAL v. RAMRAO S/O KAMALAKAR RAO S.

This appeal is filed for enhancement of compensation for the death bread earner in a road traffic accident that occurred on 10.07.2013. Claimants are six in numbers, and thereafter, claimant No.4 died on 28.10.2015. The Tribunal has awarded a total compensation of Rs.6,32,500/- for which the income of the deceased was assessed at Rs.4,000/- per month.

32. The ground taken by the learned counsel for the appellants for enhancement of compensation is to consider the dependency at 1/4th instead of 1/3rd. Secondly, the income is to be taken with relevance to the year of the accident; and thirdly, the compensation under the conventional heads is to be enhanced. Though the claimants have established the fact of self-employment, the future prospects has not been awarded.

3. On the other hand the learned counsel for the Insurance represented and submitted to dismiss the appeal on the following grounds. He submits that appellants have not proved the income of the deceased. Secondly, the static income and occupation of the deceased has not been proved and hence, they are not entitled for future prospects.

4. Heard the counsel for the parties and submissions made by the respective parties have been examined.

45. From the claim petition it is found that the income of the deceased has been stated Rs.12,000/- per month. Though it may not be an actual income of the deceased, since it is to be presumed that the deceased must have taken good care to feed the family and also himself and further they are residing at Bidar, which is a district headquarter which is also a costly place. It is presumed that unless and until a person earns atleast Rs.100/- per day the family of this size cannot survive in the place like District headquarter. If that is accepted, the income would be Rs.600/- per day and Rs.18,000/- per month. But, the claimants have stated the income of the deceased at Rs.12,000/- per month, the same is to be accepted. Accordingly, same is accepted and there are six dependents on the deceased and as per the judgment of Honble Supreme Court in the case of Serla Verma (Smt.) and other vs. Delhi Transport Corporation and another reported in (2009) 6 Supreme Court cases 121, the deduction should be 1/4th instead the Tribunal has taken at 1/3rd which is an error.

56. Under these circumstances, error committed by the Tribunal is to be rectified in the following manner. The income of the deceased is assessed at Rs.12,000/- per month and deduction is to be 1/4th. Hence, the calculation comes to Rs.15,12,000/- under the head of loss of dependency and the same is awarded. Rs.70,000/- is awarded under the conventional heads all put together.

7. The other amount awarded by the Tribunal insofar apportionment and releasing of the money and the liability of respondent No.2 are concerned that same are not disturbed. Appeal is allowed in part. Sd/- JUDGE