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Judgment
Huluvadi G. Ramesh
Misc. Cvl. No. 14184/2011 filed for condonation of delay of 14 days in prefering the appeal is allowed. Delay is condoned subject to the condition that claimant would not be entitled for interest for the delay period on the enhanced amount of compensation.
This appeal is by the claimants seeking enhancement of compensation passed by the Additional Civil Judge (SR.DN.,) and MACT, Manday in MVC No. 503/2008 dated 03.03.2011.
The deceased was travelling in the lorry bearing No. KA 08/A 5577 and due to the negligent driving of the driver of the lorry, the deceased Nanjunda died near Devapura Cross. The tribunal has awarded a total compensation of Rs. 4,93,000/-.
Claimants are the parents and sisters of the deceased Nanjunda the Tribunal taking the income of the deceased, at Rs. 4,000/- awarded compensation on the following heads:
Loss of Dependency
Rs. 3,60,000/-
Loss of Low and affection
Rs. 6,000/-
Transportation charge and Medical expense
Rs. 63,000/-
Funeral and obsequies Ceremony expenses
Rs. 10,000/-
TOTAL
Rs. 4,93,000/-
Having regard to the facts of the case and material evidence on record, the claimant would be awarded another sum of Rs. 45,000/- over and above the compensation awarded by the Tribunal which is towards loss of dependency'' taking income on the litter higher side with interest at 6% p.a. from the date of petition till deposit, less the interest for the delayed period. Insurer to deposit the amount in three months.
Appeal is allowed in part.