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Judgment
K.L. Manjunath, J.—The Appellants have preferred this appeal being not satisfied with, the compensation, awards to them by the MACT, Shimoga, in MVC No. 1706/ 2006 dated 9.2.2007.
In a road traffic accident occurred on 9.1.2002 at about 10.15 a.m., the Appellants'' mother Lalithalalakshmi succumbed to the injuries. The Appellants, who are all married daughters of the deceased, lodged the claim. petition, The Tribunal considering that the claimants are all married and living with their respective spouses, held that the claimants are entitled for loss to the estate, which is assessed in a sum of Rs. 77,200/-, Being net satisfied with the compensation awarded to them, the present appeal is filed for enhancement.
Having heard the learned Counsel for the parties, the Tribunal has considered only the pension of the deceased payable to her as family pension on account of the death of her husband and it did not consider the income of the deceased. If it is considered the income of the deceased the compensation awardable to the claimants on the conventional heads like loss to the estate, loss of love and affection, transpiration of dead body, funeral expenses etc. we are of the opinion that the Tribunal would have awarded, more compensation, On recalculation, we are inclined to award a gum of Rs. 25,000/- with interest, at 6% p.a. inclusive of loss of estate, loss of love and affection transportation of dead body, obsequies. The Tribunal is directed to release the entire enhanced compensation equally to the Appellant.
In the result, the appeal is allowed in part.