Document Fragment View

Matching Fragments

Immediately he was shifted to General Hospital Nelamangala and then to M.S. Ramaiah and deceased succumbed to the injuries on the way to M.S. Ramaiah Hospital.

3. It is the further case of the appellants that, deceased was aged about 18 years, hale and healthy prior to the accident, studying in final year Electronic and Mechanical ITI and conducting tuition classes during his leisure. Due to his untimely death, appellants have lost their son, who was their future hope and security, apart from mental shock and agony.

6. We have heard the learned counsel appearing for the appellants and learned counsel for Corporation.

7. After hearing the learned counsel for the appellants and after careful perusal of the material available on record at threadbare, including the impugned judgment and award passed by the Tribunal, it could be seen that, the occurrence of the accident and resultant death of the deceased are not in dispute. It is also not in dispute that deceased was aged about 18 years, studying in final year Electronic and Mechanical ITI and also conduction tuition classes during his leisure time and appellants are his parents. Further, it emerges that, the income of the deceased assessed by the Tribunal at `5,000/- per month is on lower side and needs to be re-assessed. Therefore, having regard to the age, qualification of the deceased and the year of the accident, we re-assess his income at `6,000/- per month. Out of which, if 50% (`3,000/-) is deducted towards the personal expenses of the deceased since he was a bachelor, his net income comes to `3,000/- per month. Accepting the multiplier of '14' adopted by the Tribunal, taking the age of the younger parent of the deceased-mother who was 42 years since the deceased was a bachelor, we re-determine the loss of dependency at `5,04,000/- (`3,000/- x 12 x 14) instead of `4,20,000/- awarded by the Tribunal and accordingly, it is awarded.