Muniyamma and Others vs M. Subramaniam Double Road, M.M. Extension, Belgaum-590 016 and National Insurance Company Limited, Divisional Office No. 1732, Ist Floor, Ramdevgalli, Belgaum -01 and Also Its Regional Office No. 144, Subharam Complex, M.G. Road, Bangalore -01

Mr. Justice Subhash B. Adi

This appeal is by the claimants seeking enhancement of compensation. The Tribunal has awarded compensation of Rs. 5,80,000/- with interest. The claimants are mother, wife and three minor children. The deceased died in a road accident on 11-10-2006. They allege that deceased was earning Rs. 15,000/-per month by doing part time job in milk dairy and was an agriculturist. He was also doing business of hiring of chimaeras, utensils etc. the Tribunal has taken the income at Rs. 5,000/- per month. However, it has given 1/3RD deduction as claimants are five in number. The deduction should have been 1/4th. If 1/4th deduction is given, the claimants are entitled to Rs. 6,30,000/- (Rs.3,750 x 12 x 14) as against Rs. 5,20,000/- under the head of loss of dependency. Therefore, claimants are entitled to enhanced compensation of Rs. 1,10,000/-.

Accordingly, the appeal is partly allowed. The claimants are entitled to enhanced compensation of Rs. 1,10,000/- over and above the compensation awarded by the Tribunal.