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Judgment
Huluvadi G. Ramesh
Appeal is by the claimants seeking enhancement of the compensation awarded by the Fast Track Court, Channarayapatna in MVC 313/2011 on 3.3.2012. Claimants are the husband and children of the deceased Chikkamma. On 9.10.2010 around 9.00 a.m. when Chikkamma along with her daughter was travelling in TATA Ace vehicle bearing No. KA 42 5195 on B M Road, near Muddanahally Gate, the driver of car bearing No: KA 18 N 2870 came in a negligent manner and dashed against the vehicle in which the deceased was travelling. Due to the accident injuries, Chikkamma died on 11.10.2010. In the claim petition, Tribunal having held that the accident was due to the negligence of the driver of the offending vehicle, awarded total compensation of Rs. 3,72,000/-. Dissatisfied with the quantum of compensation, claimants are before this Court.
Heard the counsel representing the parties.
Counsel for the appellants submitted, the deceased was earning more than Rs. 5,000/- by milk vending and agriculture. The income is taken on the lower side Accordingly, he seeks for enhancement.
Per contra, counsel for the insurer submitted, compensation awarded is just and proper and does not require any enhancement.
In the circumstances of the case, taking the income between Rs. 4,500 to Rs. 5,000/-, after deducting 1/3rd towards personal expenses, taking the age of the husband who is around 45 years, adopting the multiplier 14, loss of dependency works out to Rs. 5,62,800/- (14 x 12 x 3350). Claimants are also entitled for another Rs. 42,000/- on conventional heads including medical expenses. Thus, claimants would be entitled to Rs. 6,04,800/- 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.