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Judgment
Subhash B. Adi
This is claimants'' appeal against the judgment and award dated 5.4.2011 in MVC No. 45/2010 on the file of the Fast Track Court, Channarayapatna seeking enhancement of compensation. On appreciation of the evidence on record, the Tribunal has awarded compensation of Rs. .4,46,000/-with interest. Unsatisfied with the same, claimants are before this Court.
Claimants are wife, unmarried daughter and minor son of the deceased. The deceased died in a road accident that occurred on 12.5.2010. It is stated that he was running a flour mill and also rising milk vending business. The Tribunal has taken the income of the deceased at Rs. .4,500/ - p.m. and calculated the compensation at Rs. .4,46,000/ -. The accident is of the year 2010. The deceased has left behind wile end two children. Even taking into consideration the cost of living in the year 2010, particularly when the deceased was running a flour mill and doing milk vending business, his income could not have been less than Rs. .5,000/- p.m. Hence, taking the income of the deceased at Rs. .5,000/- p.m. and giving deduction of 1/3rd towards his personal expenses, claimants are entitled for Rs. .3,333 x 12 x 11 - Rs. .4,39,956/- rounded off to Rs. .4,40,000/- towards loss of dependency and Rs. .50,000/- on conventional heads. In all, the claimants are entitled to compensation of Rs. .4,90,000/- as against Rs. .4,46,000/- awarded by the Tribunal.
Accordingly, appeal is allowed in part. Claimants are entitled to compensation of Rs. .44,000/ - over and above the compensation awarded by Tribunal, with interest.