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Judgment
Huluvadi G. Ramesh
This appeal is by the claimants seeking enhancement of compensation as against the judgment and award dated 20.10.2011 in MVC No. 965/2009 passed by the Addl. District Judge, Member MACT - II at Hassan.
The deceased succumbed to the injuries in the accident that occurred on 27.12.2008 at about 1.00 p.m. between the Motorcycle bearing registration No. KA 13 R 9261 and a Tata Goods Lorry bearing No. KA 127039 on B.M. Road., in front of Guhekallamma Temple, Hassan. The deceased A.S. Madhuprasad was aged about 21 years and a Diploma Student and a agriculturist. The Tribunal, on consideration of material on record has awarded compensation of Rs. 70,000/- with interest at 6% p.a. from the date of petition till the date of realization. Dissatisfied with the award, Appellant Nos 1 and 2 who are the parents and appellant No. 3 who is the sister, are in appeal seeking enhancement of compensation
Heard.
Taking the income of the deceased at Rs. 3,600/- per month after deducting 50% towards personal expenses, and applying the multiplier of 15, ''Loss of dependency'' would be Rs. 3,24,000/- (1800 x 12 x 15-3,24,000/-).45,000 on Conventional heads.
Thus, the claimants are entitled to a sum of Rs. 3,24,000/- + 45,000 -(Rs. 3,69,000) in modification of the compensation awarded by the Tribunal with interest at 6% p.a. from the date of petition till deposit.
The insurer shall deposit the amount within three months, Appeal is allowed in part.