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Judgment
N. Ananda, J.—This is a claimants appeal for enhancement of compensation.
Heard Sri. M. Prakash, learned Counsel for claimant and Sri. H.S. Lingaraj, learned Counsel for Insurance Company.
Claimant No. 1 is the wife and claimants 2 to 4 are the children of late Mallikarjuna, who died in a motor vehicle accident that took place on 6.6.2007. As per the Post Mortem Examination Report, deceased was aged about 60 years. The tribunal has accepted the same. Even in the absence of satisfactory evidence, the tribunal has determined the income of deceased at Rs. 5000/- p.m. The tribunal, despite noticing the fact that first claimant was the only recognized dependant, has deducted 1/3rd of the income towards personal and living expenditure of deceased. The tribunal has awarded compensation of Rs. 4.00 lakhs towards loss of dependency and has awarded compensation of Rs. 60,000/- under conventional heads.
On reconsideration of the matter, I find that in terms of the judgment of Sarala Verma and Ors. v. Delhi Transport Corporation and Anr. reported in 2009 AGJ 1298, appropriate multiplier to the age of deceased would be whereas, the tribunal has adopted ''10'' multiplier, because by the time the tribunal had made the award, the judgment of Sarala Verma had not been rendered. The tribunal has deviated from the method of awarding compensation of Re 40,000/- under conventional heads. This deviation is not supported by reasons,, Therefore, I am of the opinion if the tribunal has committed any error in quantification of compensation, such an error is on the higher side.
In the circumstances, there are no grounds no enhance the compensation. Accordingly, the appeal is dismissed.