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Judgment
Huluvadi. G. Ramesh
Notice to R-1 is dispensed with. Delay of 28 days in preferring the appeal is condoned. Misc. Cvl. 13251/2010 is allowed.
This appeal is by the claimants seeking enhancement of compensation as against the award passed by the MACT, Small Causes Court No. 10, Bangalore in MVC No. 9490/2008.
In the accident occurred on 10.06.2008 on Bangalore-Mangalore road, Narayanappa who was travelling in a tractor died on the spot due to the head on collusion between the tractor and lorry. The Tribunal, after enquiry, has held that the accident was due to the negligence on the part of the driver of the lorry in question and by taking the age of the deceased at 48 years and his income at Rs. 3,000/-, has awarded a total sum of Rs. 3,37,000/- with 6% interest. Being not satisfied, the claimants are before this Court.
Heard.
It is submitted by the counsel for the appellants that, the age of the deceased is 45 years as per the P.M. report, as such, the multiplier ought to have been taken at 14 instead of 15 and the deceased was working as a Supervisor-cum-Contractor. However, no cogent proof is produced in this regard. Further, on the head - love and affection, nothing has been awarded.
In the circumstances, taking the appropriate multiplier at 14, after deducting 1/3rd towards personal expenses, the loss of dependency would come to Rs. 4,03,200/-. The claimants are entitled to another Rs. 10,000/- towards toss of love and affection. Accordingly, in modification of the award of the Tribunal, the claimants are entitled for a total sum of Rs. 4,13,200/- with 6% interest from the date of petition till deposit. The insurer to deposit the enhanced amount within three months
Appeal is allowed in part.