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Judgment
Huluvadi G. Ramesh
Notice to respondent No. 1 is dispensed with. Sri V Narayanswamy is directed to take notice for respondent No. 2
Delay of 224 days in filing the appeal is condoned subject to the condition that appellant would not be entitled for interest for the delay period on the enhanced amount of compensation. Misc.Cvl. 15792/2011 is allowed.
This appeal is by the claimants seeking enhancement of compensation as against the award passed by the Addl. Sessions Judge. Fast Track Court, Chitradurga in MVC No. 571/2008.
The Tribunal has awarded a compensation of Rs.2.84.000/- with 6% interest towards the death of one Veeresh, aged 21 years, in the accident occurred on 16.9.2007 due to the negligence of the driver of the bus bearing No.KA16 A 2093
Heard.
According to the learned counsel for the appellants, the deceased was working at NTTF, Bangalore and also doing agriculture and was earning more than Rs.8,000/- per month.
However, by taking the income of the deceased at Rs.6,000/- per month and after deducting 50% towards personal expenses and by applying the appropriate multiplier 13, the loss of dependency would come to Rs.4,68,000/- plus claimants are entitled for another Rs. 40,000/- towards conventional heads. Thus, claimants would be entitled for Rs.5,08,000/-, in modification of the award of the Tribunal with 6% interest from the date of petition till deposit. Insurer to deposit the amount in three months.
Appeal is allowed in part.
Sri. V. Narayanswamy is permitted to file his vakalath within four weeks.