ORIENTAL INSURANCE COMPANY Vs. G ROHITHKUMAR

JUDGEMENT

(1.) THIS appeal is by the Insurance Company challenging the quantum of compensation awarded in MVC No. 2335 of 2004 by the IX Additional Small Causes Judge and MACT-7, Bangalore by Order dated 26. 6. 2006.

(2.) IN the accident that occurred on 21. 3. 2004 around 12. 20 noon the parents of the claimants deceased Leelavathi and her husband Govindaiah have died when they were proceeding on their Hero Honda motor cycle bearing No. KA02 EK 8766 as a rider and pillion-rider near Begur cross, on NH 48 wherein a Maruti Wagon R bearing No. KA 25 M 9031 came in a negligent manner and dashed to the motor cycle, due to which, both of them fell down and succumbed to the injuries on the spot.

(3.) THE claim petition was filed on behalf of the minors/claimants through their guardian. The Tribunal having framed relevant issues held that the accident was due to the negligence on the part of the driver of maruti Wagon R in question and while assessing the compensation an amount of Rs. 8,89,000/- has been awarded with 6% interest. The same has been assailed by the Insurance Company on the ground that the tribunal without deducting the tax component and the incidental expenses has taken the monthly income at Rs. 9,000/- p. m. of the deceased which is contrary to the judgment reported in AIR SCW 1116. As such, the compensation awarded under loss of dependency has to be scaled down. Apart from that the Tribunal ought to have adopted the split multiplier to calculate the loss of dependency by considering the salary for the first slab and pension amount for the remaining multipliers as held in K. S. Lakshmi kumar's case.