Kanthamaneni Sivamma v. M/S.V.S.P.Transline

HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND HON'BLE SRI JUSTICE P. KESHAVA RAO M.A.C.M.A.No. 4532 OF 2008 ORDER: (Oral) (Per Hon'ble Sri Justice SURESH KUMAR KAIT) Vide the present appeal, the appellants have challenged the order dated 25.07.2008 passed in M.V.O.P.No.807 of 2006 on two grounds; that admittedly the deceased was bachelor aged 26 years and 2/3rd of earnings are deducted towards personal expenses of deceased, whereas, as per the judgment in National Insurance Company Limited v. Pranay Sethi and others in Civil Appeal No.6961 of 2014, personal expenses are to be deducted @ 50% of earnings, in case the deceased is a bachelor.

The learned counsel for the appellants further argued that the learned Tribunal while awarding the compensation, has applied the multiplier 11; whereas, as per the aforesaid judgment the multiplier 15 is to be applied. The learned counsel appearing on behalf of the 2nd respondent-Insurance Company does not dispute the submissions made by the learned counsel for the appellant and submits that as the deceased is a bachelor, 50% of earnings are to be deducted towards personal expenses instead of 2/3rd and multiplier 15 should be applied instead of 11.

In our considered view, the claim of claimants is that the deceased was earning Rs.24,271/- per month. The permissible deduction i.e., 50% is Rs.12,135=50 (Rs.24,271/- x 50/100 = Rs.12,135=50). Thus, the contribution of deceased to the family is determined at Rs.12,135=50 per month which comes to Rs.1,45,626/- per annum (Rs.12,135=50 x 12 = Rs.1,45,626/-). Applying the multiplier 15, the amount comes to Rs.21,84,390/-. Therefore, the loss of dependency is determined at Rs.21,84,390/-. The Tribunal granted Rs.15,000/- towards loss of estate, Rs.3,000/- towards funeral expenses and Rs.3,000/- towards transportation. Thus, with the enhancement now made, the compensation amount comes to Rs.22,05,390/- (i.e., Rs.21,84,390/- towards loss of

SKK, J & PKR,J Macma_4532_2008 dependency + Rs.15,000/- towards loss of estate + Rs.3,000/- towards funeral expenses + Rs.3,000/- towards transportation).

Accordingly, the appeal is allowed in part, by determining the compensation payable to claimants at Rs.22,05,390/-. The respondents shall pay the said amount along with interest @ 7.5% per annum from the date of petition till the date of deposit. No order as to costs.

Miscellaneous petitions, if any, shall stand closed. ________________________ SURESH KUMAR KAIT, J ___________________ P. KESHAVA RAO, J Date: 09.11.2017 ES/CCM