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Judgment
Huluvadi G. Ramesh, J.—These appeals by the claimants seeking enhancement of compensation are against the judgment and award passed by the learned XVI Addl. Judge, MACT, Bangalore, in MVC. Nos. 8103 and 4924/2008, dated 15th September 2009.
MFA. No. 4289/2010 arise out of MVC. No. 8103/2008 wherein the Tribunal has awarded compensation of Rs. 4,50,000/- towards repair charges in respect of vehicle involved in the accident. The Tribunal looking into IMV report, photographs and also considering the extent of damage caused to the vehicle, awarded compensation. Having regard to the damages caused to the vehicle, the claimant is awarded another sum of Rs. 25,000/- towards repair charges.
Claimants in MVC. No. 4924/2008 (MFA. No. 4290/2010) are the legal representatives of deceased Nasir Ahmed who died in the accident that occurred on 28.2.2008. It is the case of the claimants that on 28.2.2008 when deceased along with two others was travelling in a mini lorry bearing registration No. KA-18-8804, near Dyamasandra gate, Nagamangala Taluk Mandya, a lorry bearing registration No. KA 46-450 came in a rash and negligent manner and dashed against the mini lorry due to which, deceased sustained grievous injuries and succumbed to the injuries. Therefore, claimants filed claim petition before the Tribunal seeking compensation.
On the matter being contested by the respondent-insurer, the Tribunal raising relevant issues for consideration, after enquiry, holding that the accident was due to negligence on the part of the driver of the lorry bearing No. KA-46-450, awarded total compensation of Rs. 6,04,000/- with interest at 6% p.a. from the date of petition till the date of deposit. Being not satisfied, the claimants-appellants are before this Court seeking enhancement of compensation.
Heard the learned counsel representing the parties.
The accident is of the year 2008. Deceased was aged 29 years at the time of accident. He was working as driver. Taking the income of the deceased on higher side, appellants are awarded another sum of Rs. 50,000/- over and above the compensation awarded by the Tribunal with interest at the rate of 6% p.a. from the date of petition till the date of deposit.
The impugned judgment and award passed by the Tribunal is modified accordingly. The respondent-insurer to deposit the amount within three months.
Appeals are allowed in part accordingly.