Neeta W/O Kallappa Kadolkar & Ors. Etc. Vs. Div. Manager, MSRTC, Kolhapur
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Head Note
Motor Vehicles Act,1988 - Section 166 , Section 173
Just Compensation - Loss of Dependency - In the absence of the salary slip/certificate Tribunal ought to have taken the monthly salary of the deceased who was a carpenter which is a skilled job - In addition to the above said income the deceased were also carrying on with the agricultural occupation in their agricultural land - Held income at Rs.12,000/- p.m. each for the purpose of computation of loss of dependency instead of Rs. 6,000/- and Rs. 4,500/- taken by the Tribunal - The annual income of both the deceased would be Rs.1,44,000/- each - Deducting 1/4th of this amount towards their personal expenses, in order to determine the loss of dependency and keeping in view the age of the minor children, their widowed wives and the aged parents, as their units will be 4 and 5 respectively, the balance amount comes to Rs.1,08,000/- - The loss of dependency of the appellants by applying the appropriate multiplier of 16, comes to Rs.17,28,000/- (Rs. 1,08,000/- X 16) - Further Rs.1,00,000/- awarded to each of the appellant-children, i.e. Rs.1,00,000/- and Rs.3,00,000/- respectively towards loss of love and affection of the deceased father -An amount of Rs.50,000/- each awarded to the parents of the deceased for the loss of love and affection of their deceased son - Further Rs.25,000/- each awarded towards funeral expenses of both the deceased - The appellants also entitled to the interest on the compensation awarded at the rate of 9% p.a.
Topic(s)-Just Compensation - Loss of Dependency - Compensation enhanced