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Judgment
Huluvadi G. Ramesh
This appeal is by the appellants claimants seeking enhancement of compensation against the judgment and award dated 19.03.2011 passed in MVC No. 2355/2010 on the file of the II Additional Judge, Court of Small Causes, Motor Accidents Claims Tribunal, Bangalore(SCCH. NO. 13). The deceased Savithramma and the appellant no. 1 are husband and wife respectively. Deceased and injured - appellant no. 1 were walking along with a bicycle on 23.2.2010 at about 5.30 p.m.. slowly and cautiously by the road side near the land belonging to one Shekar, Kavaraganahalli village, BTM Police Limits, Bangarpet taluk, when a Maruthi Omni bearing registration No. KAO1 N 112 came from behind in a rash and negligent manner and dashed against them. Due to the impact, deceased Savithramma who suffered fatal injuries, died on the spot. The claimants are the husband and children of the deceased. In the claim petition filed, the Tribunal having held that the accident was due to the negligence on the part of the driver of the Maruthi Van in question, awarded a total compensation of Rs. 3,76,000/- under the following heads:
i. Loss of income/dependency
Rs. 3,36,000/-
ii. Loss of consortium
Rs. 10,000/-
iii. Loss of love and affection
Rs. 15,000/-
iv. Transportation and funeral expenses
Rs. 15,000/-
Total
Rs. 3,76,000/-
Being not satisfied with the compensation awarded, the appellants are before this Court seeking enhancement of compensation.
According to the learned counsel appearing for the appellants, the deceased was earning more than Rs. 5000/- per month by milk vending and also pass book issued by the Milk Society is produced for having supplied milk to the Society and submits that the income taken by the Tribunal is on the lower side. Taking the appropriate multiplier and income of the deceased at Rs. 4000/- per month, a sum of Rs. 4,53,600/- is awarded under the head loss of dependency in addition to which, a sum of Rs. 42,000/-is awarded under the conventional heads. Thus, in all, the claimants - appellants are entitled to a sum of Rs. 4,95,600/- in modification of the award passed by the Tribunal with interest @ 6% per annum from the date of petition till deposit. The respondent no. 1 -Insurance Company to deposit the award amount within three months from the date of receipt of a certified copy of the order. Accordingly, the appeal is allowed in part.