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Judgment
Claimants being not satisfied with the compensation awarded to them by the MACT., Udupi in MVC No.358/2008 have preferred this appeal for enhancement.
Admitted facts are as hereunder: Son of the 1st appellant one Yagnesh S Hegde died in a road traffic accident occurred on 22.10.2007 at about 8 p.m. near Nandalike Laxmi Janardhana School, Nandalike village, Karkala Taluk. He was studying in 5th Semester of Mechanical Engineering at NITTE Institute of Engineering. Tribunal considering his income at Rs. 5000/- per month, deducting l/3rd towards his personal expenses assessed the loss of dependency at Rs. 40,000/- per annum and awarded a sum of Rs 5,20,000/- towards loss of dependency and a sum of Rs. 70,000/- under conventional heads. Thus in ail, Rs. 5,90,000/- is awarded as compensation with interest at 8% p.a. from the date of petition till the date of payment. Being not satisfied with the same, present appeal is filed for enhancement.
Having heard the counsel for the parties, we are of the opinion that the compensation awarded to the claimants is on lower side because deceased was in 5th Semester Mechanical Engineering. this Court in the case of Engineering students is taking the income as Rs. 10,000/- per month as engineering students had future prospects and immediately after completion of their status they were bound to get employment of not less than Rs. 20,000/- to Rs. 25,000/- salary per month. Therefore, we are inclined to consider income of the deceased at Rs. 10,000/- per month and out of which we have to deduct 50% of his income towards his personal expenses and loss of dependency has to be assessed at Rs. 5000/- per month and Rs. 60,000/- per annum. Considering the age of the mother, we have to apply the multiplier of 14 and the loss of dependency would be Rs. 8,40,000/- . We are also of the opinion that the compensation awarded under conventional heads in a sum of Rs. 70,000/- is on higher side. Accordingly, we reduce the same to Rs. 40,000/- . In addition to that., claimants are entitled for a sum of Rs. 40,000/- under conventional heads. Thus in all, claimants are entitled for a sum of Rs. 8,80,000/- with interest at 6% p.a. from the date of petition till the date of payment.
In the result, the appeal is allowed in part. Compensation awarded by the tribunal is enhanced from Rs. 5,90,000/- to Rs. 8,80,000/- . Appellants are entitled for enhanced compensation of Rs. 2,90,000/- with interest at 6% p.a. from the date of petition till the date of payment.
In view of the submission made by Mr.S.P.Shankar, learned Senior Counsel, entire enhanced compensation is ordered to be kept in fixed deposit in any nationalized bank in the name of the 1st appellant for a period of 5 years. She is entitled to withdraw periodical interest.