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Judgment
Huluvadi G Ramesh
Delay of 149 days in filing the appeal is condoned subject to the condition that appellant would not be entitled for interest for the delay period on the enhanced amount of compensation. Mise.Cvl.16227/2011 is allowed.
This appeal is by the claimants seeking enhancement of compensation as against the award passed by the PrI. Civil Judge (Sr.Dn.) & MACT, Mandya in. M.V.C.No.351/2008.
One Basavaiah died in the accident occurred on 29.3.2008 due to the negligence of the rider of the motorcycle bearing No.CKP 5260 near Shivally, Mandya Taluk, wherein he had sustained head injury and subsequently, while he was under treatment in NIMHANS hospital, succumbed 10 the injuries. The Tribunal, after enquiry, has awarded a compensation of Rs. 1,80,000/-. Hence, this appeal being not satisfied with the award passed.
Heard
The claimant was said to be aged 60 years at the lime of accident. He was an agriculturist and also performing pooja in the temple and was said to be earning Rs.8,000/- per month.
Though, it is stated that deceased was aged 70 years as on the date of accident by the wife of the deceased who is a rustic villager, as per the post mortem report, the age of the deceased is 60 years and multiplier 9 would be appropriate. As such, by taking the income of the deceased at Rs.4,500/- per month, after deducting 1/3rd towards personal expenses and by applying the appropriate multiplier 9, claimants would be entitled for Rs.3,24,000/- towards loss of dependency. Claimants are said to have spent Rs.30,000/- towards medical expenses and Rs.50,000/- towards funeral ceremony. However, that cannot be awarded, but claimants could be awarded Rs. 15,000/- towards medical expenses and another Rs.40,000/-towards conventional heads.
Thus, claimants would be entitled for Rs.3,79,000/-, in modification of the award of the Tribunal, with 6% interest from the date of petition till deposit. Insurer to deposit the amount in three months.