Bengaluru: Considering that the deceased was employed in Kenya, having a good income and frequently sending money to his family members for five years prior to his death in an accident, the Karnataka high court has enhanced the compensation amount by Rs 51.3 lakh. The family of the deceased — Shankar Poojary — will get Rs 84.4 lakh compensation with 6% interest, as against Rs 33 lakh awarded by the tribunal at Kundapur.When Poojary was travelling as a passenger in a Maruti Omni on April 22, 2013, a speeding tipper truck collided with it at Haklady in Kundapura taluk. Poojary succumbed to his injuries on May 30 of that year.His parents, wife and two minor children approached the tribunal, seeking compensation, contending that the deceased had been earning Rs 50,000 per month while working in Kenya as a hotel manager. However, the tribunal assessed his income at Rs 18,000 per month and ordered Rs 33 lakh in compensation, comprising Rs 29.5 lakh towards loss of dependency, along with 6% interest. Not satisfied with the same, the family moved the high court.A division bench comprising Justices Jayant Banerji and Tara Vitasta Ganju, pointed out that Poojary, who was working in Kenya, was earning in foreign currency since 2009, while the accident took place five years later. The claimants proved that he was earning approximately Rs 72,000 per month in 2009 which rose to Rs 91,200 in 2011, it said.“Accordingly, deducting 30% from an average income of Rs 70,000 per month for the purposes of income tax leviable, an income of Rs 50,000 per month can be fixed,” the division bench observed.The division bench modified the compensation amount under loss of dependency to Rs 78.7 lakh and directed the United India Insurance Company, the insurer of the tipper truck, to pay the enhanced compensation amount of Rs 51.3 lakh along with 6% interest.
