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Judgment
Huluvadi. G. Ramesh
The appeal is by the claimants seeking enhancement of compensation as against the award passed by the III Addl. Judge and MACT, Bangalore in M.V.C.No. 8388/2007
One Sri M. Ramesh died in the accident occurred on 8.6.2007 near Battrahalli. Bangalore-Kolar Road. N.H. 4, due to the negligence of Eicher vehicle bearing No. KA 02 A 3848. Claimants are the parents of the deceased. The Tribunal, after enquiry, has awarded a compensation of Rs. 3,32,000/- on the following heads:
Medical and incidental charges
Rs. 10,000/-
Transportation of dead body, funeral And obsequies expenses
Rs. 2.000/-
Loss of love and affection
Rs. 5,000/-
Loss of estate
Rs. 2,500/-
Loss of dependency
Rs. 3,12,000/-
Heard.
Learned Counsel for the appellants has sought for enhancement on the ground that the Apex Court in the judgment reported in AIR 2009 SCW 7434 in the case of National Insurance Company Ltd., Vs. Gurumallamma and Another on the claim petition filed u/s 163A of M.V.Act, has awarded a total compensation of Rs. 4,22,000/- , by deducting 1/3rd as per the second schedule.
The age of the mother of the deceased is shown as 50 years. In view of the ratio laid down by the Apex Court referred to above, claimants would be entitled for Rs. 4,22,000/- 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.