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Judgment
Appellant has preferred this appeal being not satisfied with the compensation awarded to her by MACT., Bangalore in MVC No.3237/2001 dated 30.4.2005.
In an unfortunate accident occurred on 14.7.2001 at about 12-10 p.m. on Tank bund road near Vinayaka temple in Bangalore, daughter of the appellant and also her son died. Present appeal is pertaining to the claim petition lodged by the appellant claiming compensation on account of the death of her daughter Hima Bindu who was aged about 19 years who was studying in I Year PUC. Tribunal has awarded compensation of Rs. 2,25,000/- . Being not satisfied with the same, present appeal is filed.
The contention of the appellant before us is that income taken by the tribunal at Rs. 15,000/- p.a. is on lower side and requests this Court to re-consider the same. According to the counsel appearing for the appellant, deceased had future prospectus and she was a bright student. According to the counsel for the Respondents, there is nothing on record to show that deceased was studying in college in I PUC, therefore he requests this Court to dismiss the appeal.
Having heard the counsel for the parties, even if we consider that the deceased was not studying in I PUC as contended by the counsel for the Respondent as she was major aged about 19 years, income of such person could not be less than Rs. 3000/- per month as she was unmarried, loss of dependency has to be taken as Rs. 15,000 Permanent and to Rs. 18,000/- per annum. Considering the age of the mother as 40 years, we have to apply the multiplier of 15. In such circumstances, loss or dependency has to be assessed at Rs. 2,70,000/- . In addition to that, appellant is entitled for a sum of Rs. 30,000/- under conventional heads. Thus in all, appellant is entitled to Rs. 3,00,000/- as compensation with interest at 6% p.a.. Out of which we have to deduct a sum of Rs. 2,25,000/- awarded by the tribunal and the appellant is entitled for an enhanced compensation of Rs. 75,000/- with interest at 6% p.a. from the date of petition till the date of payment.
In the result, the appeal is allowed in part. Appellant is entitled for an enhanced compensation of Rs. 75,000/- with interest at 6% p.a. from the date of petition till the date of payment. Considering the marginal increase in the compensation, entire amount be ordered to be released to the appellant.