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Judgment
Huluvadi G. Ramesh
Notice to respondent No. 1 is dispensed with,
Misc.Cvl.5343/11 filed for condonation of delay of 76 days in preferring the appeal is allowed, Delay is condoned subject to the condition that claimants would not be entitled for interest for the delay period on the enhanced amount of compensation.
3, This appeal is by the claimants seeking for enhancement of compensation as against the award passed by the Additional Civil Judge (Sr.Dn) & MACT, Srirangapatna in MVC No. 1333/2007 on 5.9.2010.
The claimants have filed a claim petition seeking compensation on account of death of V.Ramachandra in the road traffic accident on 22.2.2007 due to the negligence of the driver of the Ambassador Car bearing registration No. KA-23-M-245. The Tribunal, after enquiry, has awarded compensation of Rs. 3,44,000/- with interest at 6% p.a. under the following heads:
funeral, obsequies and transportation expenses
- Rs, 10,000/-
loss of estate
- Rs. 2,64,000/-
loss of lave and affection
- Rs, 10,000/-
loss of consortium
- Rs. 10,000/-
medical expanses
- Rs. 50,000/-
Dissatisfied with the award the claimant are In appeal seeking enhancement of compensation.
Heard.
The accident is of the year 2007, Taking the income at Rs. 4,500/- p.m. and deducting 1/3rd towards personal expenses of the deceased, the loss of dependency comes to Rs. 3,96,000/- plus another sum of Rs. 43,000/-towards conventional heads. Thus, the claimant is entitled to a sum of Rs. 4,41,000/- in modification of the award of the Tribunal with interest at 6% p.a. from the date of petition till deposit
TheInsurer shall deposit the amount within three months.
Appeal is allowed in part.
Sri C.R. Ravishankar, learned counsel is permitted to file vakalat in four weeks.