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Judgment
Huluvadi G. Ramesh, J.—This appeal by the claimants seeking enhancement of compensation is against the judgment and award passed by the Fast Track Court-III & Addl. MACT, Tumkur, in MVC. No. 1027/2010, dated 28th April 2011.
The claimants are the legal representatives of deceased Doddaiah who died in the road traffic accident that occurred on 1.8.2010. It is the case of the claimants that on 1.8.2010 at about 2.00 p.m. when deceased was waiting for the bus at Heggere bus stand, the driver of the bus bearing registration No. KA-14-A-807, in order to overtake the ongoing vehicle, drove the bus negligently to the extreme end of the road and dashed against the deceased due to which, he sustained grievous injuries and on the way to the hospital, succumbed to the injuries. Claiming that he was doing flower and milk vending business and earning Rs. 40,000/- per month, claimants filed claim petition before the Tribunal seeking compensation.
On the matter being contested by the respondent-insurer, the Tribunal raising as many as three issues, after enquiry, holding that the accident was due to negligence on the part of the driver of the bus in question, awarded total compensation of Rs. 5,03,000/- with interest at 6% p.a. Being not satisfied, the claimants/appellants are before this Court seeking enhancement of compensation.
Heard the learned counsel representing the parties.
The accident is of the year 2010. No documents are produced in support of the income of the deceased. Deceased was aged 50 years at the time of accident. Taking the income between Rs. 4,500/- to Rs. 5,000/-, deducting one-third towards personal expenses, applying proper multiplier, claimants are awarded a sum of Rs. 5,25,000/- towards loss of dependency. Claimants are also awarded Rs. 45,000/- under conventional heads. Thus, in all the claimants are awarded compensation of Rs. 5,70,000/- instead of Rs. 5,03,000/- in modification of the award passed by the Tribunal with interest at the rate of 6% p.a. from the date of petition till the date of deposit. The insurer to deposit the amount within three months.
Appeal is allowed in part accordingly.
Sri Arun Ponnappa, learned counsel is permitted to file vakalat within four weeks from today.