Smt Parvathamma, T Mallikarjuna, T Ajay @ Ajay Kumar, Ramesh, Appellants are wife and children of Late Thippeswamy vs S.D. Mahesh and The Division Manager, The Division Office, The National Insurance Co. Ltd.

Huluvadi.G. Ramesh

Notice to R- 1 is dispensed with.

This appeal is by the claimants who are wife and children of the deceased respectively, seeking for enhancement of compensation as against the award passed by the Civil Judge: (Sr.Dn.) and Addl. MACT, Hiriyur in MVC No. 79/2009 dated 5.4.2010.

The Tribunal having held that the death of the deceased Thippeswamy was on account of negligence of the driver of the lorry bearing No. KA 06 B 8118, has awarded a compensation of Rs. 3,76,000/- on the following heads:

Loss of dependency

Rs. 3,36,000/-

Loss of Consortium

Rs. 10,000/-

Funeral expenses

Rs. 10,000/-

Loss of love and affection

Rs. 10,000/-

Loss of estate

Rs. 10,000/-

Heard.

The deceased was said to be working as a cleaner and was paid more than Rs. 5.000/ per month. Taking the income of the deceased ar Rs. 4,000/- per month, after deducting 1/3rd towards personal expenses, by applying the appropriate multiplier 14, the claimants would be entitled for Rs. 4,53,000/-towards loss of dependency and another Rs. 40,000/- towards incidental charges. Thus, in modification of the award of the Tribunal, claimants are entitled for Rs. 4,93,000/-, which shall carry interest at 6% from the date of petition till deposit. Insurer to deposit the amount in three months.

Appeal is allowed in part.