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Judgment
Huluvadi G. Ramesh, J.—This appeal by the claimants seeking enhancement of compensation is against the judgment and award passed by the Fast Track Court-II & MACT, Tumkur, in M.V.C. No. 929/2010, dated 23 April 2011.
Claimants are the legal representatives of deceased B.K. Thimmaraju. It is the case of the claimants that on 22.6.2010 when the deceased was going on his motorcycle Bajaj Discover bearing registration No. KA-06-A-EA-2494 on Tumkur-Urdigere road, near Belagumba, a KSRTC bus bearing registration No. KA-06-F-0141 came from the opposite direction in a rash and negligent manner and dashed against the motorcycle of the claimant due to which, he lost control and died on the spot. As such, claimants filed claim petition before the Tribunal seeking compensation.
On the matter being contested by the respondent-insurer, the Tribunal raising as many as four issues, after enquiry, holding that the accident was due to negligence on the part of the driver of the bus in question, awarded total compensation of Rs. 6,75,000/- with 6% interest Being not satisfied, claimants/appellants are before this Court seeking enhancement of compensation.
Heard the learned counsel representing the parties.
The learned counsel for the appellant submitted that the compensation awarded by the Tribunal is on the lower side and accordingly, seeks enhancement of compensation. According to the learned counsel for the respondent, the compensation awarded is just and proper and the same does not call for interference and accordingly, sought dismissal of the appeal.
Having regard to the age of the deceased, the Tribunal has awarded a sum of Rs. 6,48,000/- under the head loss of dependency and Rs. 27,000/- under conventional heads. Looking into the nature of avocation of the deceased, the amount awarded by the Tribunal under the head loss of dependency is just and proper. However, the claimants are entitled for another sum of Rs. 25,000/- over and above what has been awarded by the Tribunal under conventional heads.
While modifying the judgment and award passed by the Tribunal, the claimants/appellants are awarded compensation of Rs. 25,000/- over and above the compensation awarded by the Tribunal with interest at the rate of 6% p.a. from the date of petition till the date of deposit. The respondent to deposit the amount within three months.
Appeal is allowed in part accordingly.