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Judgment
Huluvadi G. Ramesh
This appeal is by the claimants, seeking enhancement of compensation, as against the award passed by the Civil Judge, Sr. Dn. & CJM and Addl. MACT, Chickballapur in MVC No. 17/2007. Claimants are the wife and children and mother of deceased Subramanya. On 7.2.2007, when the deceased was travelling in the tractor and trailer bearing No. KA40 T 6299/6300, near Katenahalli due to the negligence of the driver of the said tractor, accident took place and Subramanya died on the spot due to the injuries sustained. Deceased was a coolie, an agriculturist and was also vending milk and earning Rs. 6,000/- per month. The Tribunal having held held that accident was due to the negligence on the part of the driver of the tractor and trailer in question, has awarded a total compensation of Rs. 3,95,000/- with 6% interest. Being not satisfied with the quantum of compensation awarded, the claimants are before this Court.
Heard.
Learned counsel for the appellants has relied upon the judgment reported in 2012 AIR SCW 2892 in the case of Santosh Devi Vs. National Insurance Co. Ltd and others to contend that, 30% of rise in income has to be applied for calculating compensation. The decision referred to by the counsel for the appellants cannot be made applicable to the facts and circumstances of the present case. The accident is of the year 2007. However, by taking the income of the deceased at Rs. 4,000/- per month, after deducting 1/4th towards personal expenses, the loss of dependency would come to (3000 x 12 x 15) Rs. 5,40,000/- plus claimants would be entitled to another Rs. 50,000/- towards conventional heads. Thus, claimants are entitled for Rs. 5,90,000/- with 6% interest from the date of petition till deposit, in modification of the award of the Tribunal. Insurer to deposit the amount in three months.
Appeal is allowed in part.