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Judgment
Huluvadi G. Ramesh
Notice to respondent No.1 is dispensed with. Delay of 532 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. Misc.Cvl. 14742/2011 is allowed.
This appeal is by the claimants seeking enhancement of compensation as against the award passed by the XII Addl. Judge and MACT, Bangalore in MVC No.2430/2007.
One T.R. Narayanaswamy died in the accident occurred on 26.7.2006 due to the negligence of the driver of the Tata Sumo bearing No.KA29 M 874 on NH-4 near Kyathasandra. The claimants are the wife and children of the deceased. Taking the income of the deceased at Rs. 3,000/- per month, the Tribunal has awarded a total compensation of Rs.2,82,000/-. Being not satisfied, the claimants are before this Court.
Heard.
By taking the income pi the deceased at Rs. 3,600/- per month, after deducting 1/3rd towards personal expenses, the loss of dependency would come to Rs.3,16,800/- plus the claimants are entitled for another Rs.40,000/- on conventional heads. Thus, claimants would be entitled for Rs.3,56.800/-, 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.
Appeal is allowed in part.