Smt. M.G. Uma, Aditya Rao, Smt. Susheela Rao and K. Srinivasa Rao Appellant No. 2 being Minor, Represented by his mother vs Smt. K. Suma and National Insurance Co. Ltd.

K.L. Manjunath, J.—The claimants have preferred this appeal being not satisfied with the compensation awarded to them by the MACT, Mysore in MVC.No.766/2006 dated 21 12.2006.

In a road traffic accident that occurred on 5.7.2004 at about 10.50 p.m., one K. Sridhara Rao was proceeding on his Hero Puch motor cycle bearing registration No. KA-09-K7863 on Madhavachar Road, from the opposite direction a Kinetic Honda motor cycle bearing No. KA 09H8544 which was coming in a rash and negligent manner dashed against the vehicle of the deceased as a result of which said Sridhara Rao sustained grievous injuries. Thereafter, he was shifted to Mission Hospital at Mysore. However, he succumbed to the injuries on 7.7.2004. The claimants are the widow, minor child and aged parents of the deceased. The Tribunal considered the income of the deceased at Rs. 4,000/- per month as he was coaching Roller Skating to the students and he was acknowledged as one of the best coaches. The Tribunal has taken the age of the deceased as 35 years. By deducting 1/3rd from his income towards his personal expenses and by applying the multiplier of ''14'' the Tribunal assessed the loss of dependency at Rs. 4,48,000/-. Under the conventional heads a sum of Rs. 25,000/- is awarded. Thus totally Rs. 4,73,000/- is awarded as compensation. Being not satisfied with the same, the present appeal is filed for enhancement.

Having heard the learned Counsel for the parties, we are of the view that the order passed by the Tribunal does not call for any interference. However, the Tribunal has erred in deducting 1/3rd towards personal expenses of the deceased, which is on the higher side because the deceased was maintaining his aged parents, minor son and his wife. Therefore, what was required to be deducted was only �th and not 1/3rd. Similarly considering the age of the deceased, multiplier of ''16'' should have been used. Therefore, on recalculation, income of the deceased is assessed at Rs. 3,000/- per month and Rs. 36,000/- per annum. By applying multiplier of ''16'', loss of dependency works out to Rs. 5,76,000/-. A sum of Rs. 40,000/- is awarded towards conventional heads and Rs. 10,000/- towards medical expenditure and conveyance, nourishment and attendant charges. Thus, the total works out to Rs. 6,26,000/-. Out of this, if we deduct Rs. 73,000/- awarded by the Tribunal, the balance works out to Rs. 1,53,000/-. Thus, the claimants are entitled for enhanced compensation of Rs. 1,53,000/- with interest at 6% per annum from the date of petition till the date of payment.

Accordingly, the appeal is allowed in part. The claimants are entitled for enhanced compensation of Rs. 1,53,000/- with interest at 6% per annum from the date of petition till the date of payment. Out of the enhanced compensation, a sum of Rs. 1,20,000/- with accrued interest thereon is ordered to be kept in Fixed Deposition in any Nationalised Bank in the name of the first Appellant-widow of the deceased, for a period of 5 years and she is entitled to withdraw the interest periodically. The Tribunal is directed to distribute the balance of Rs. 33,000/- to the other claimants in equal portions.