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Judgment
Huluvadi G. Ramesh
The delay of 24 days in filing the appeal is condoned. However, the claimants are not entitled to interest for the delay period. This appeal is by the claimants seeking enhancement of compensation against the award dated 17.9.2011 passed by the MACT-V and Addl. Small Causes Judge, Bangalore, in MVC No.5219/2010. Claimants are the wife, children and parents of the deceased. The deceased was aged about 42 years as on the date of accident. On 22.6.2010 at about 7 p.m., Narayanappa was proceeding on the foot path on NH-4, Bangalore- Chennai road, and when he reached near N.Vaddahalli Village, a Lorry bearing No.TN-73- 6469 came in a rash and negligent manner and dashed against him. Due to the impact, he sustained injuries and succumbed to the injuries at R.L. Jalappa Hospital.
In the claim petition filed, the Tribunal held that the accident occurred due to the rash and negligent driving of the driver of the Lorry in question and awarded compensation of Rs.4,76,000/- with 6% interest. Not being satisfied, the claimants are before this Court seeking enhancement of compensation on various grounds.
Heard.
The deceased was a Mason by profession and his income can be assessed at Rs.4,500/- to Rs.5,000/-. After deducting 1/5th of the income, the claimants would be entitled to Rs.6,50,000/- towards ''loss of dependency''. The claimants are also entitled to Rs.40,000/- under the conventional heads. Thus, claimants are entitled to compensation to Rs.6,90,000/- with interest at 6% per annum from the date of petition till the date of deposit, in modification of the award of the Tribunal. The appeal is allowed in part accordingly. The Insurer to deposit the amount within three months from the date of receipt of a copy of this order.