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Judgment
Huluvadi G. Ramesh
This appeal is by the insurer challening the quantum of compensation awarded by the Member MACT-IV & III Additional District Judge, Dakshina kannada, Mangalore in MVC No. 841/2007 dated 02.12,2007
The deceased Mr. Rohan S Suvarna died in the accident occurred on 30.04.2007 near Mangalore due to the rash and negligent which driving of the driver of the Bus bearing No. KA.19C-3 which dashed Against the Motor cycle, the tribunal has awarded total compensation of Rs. 9,36800/,
The deceased was unmarried and taking the age of the mother at 47 years, and. applying ''13'' Multiplier, the above compensation has been awarded.
Heard.
According to the appellant, the tribunal ought to have deducted 50% of the income of the deceased. The tribunal has erred in taking conveyance reimbursement of (sic) 1,000/- and performance incentive of Rs. 3.000/- as part of salary for calculation of loss of dependency.
The performance incentive could be taken as part of gross salary. However, if conveyance reimbursement of Rs. 1,000/-, is deducted, it comes to Rs. 7,460/-. After deducting 50% and applying ''14'' multiplier by taking the age of the mother of the deceased at 45 years, the compensation towards loss of dependency would came to (sic) 6,26,640/ Claimants are entitled to another 45,000/- on the conventional head. In all, the claimants are entitled to Rs. 6,715640/- in modification of the award of Tribunal with interest at 6% p.a... from the date of petition till deposit. The amount in deposit shall be transferred to the tribunal for disbursement The award is modified accordingly, Insurer to deposit the remaining amount in three months.
Appeal is allowed in -part.