CHANDRAYYA ACHARYA Vs. NAGAMMA

JUDGEMENT

(1.) The appellants are before this Court aggrieved by the judgment and award dated 30.08.2013 passed by The Addl. Senior Civil Judge and Addl. MACT, Udupi ('Tribunal', for short) in MVC No. 238/2012.

(2.) The case of the appellants is that on 26.10.2011 at about 23.00 hours, appellants' son by name Kiran Acharya was riding a motorcycle from Udupi to Mangalore, when an Ambulance driven in a rash and negligent manner dashed against the said motorcycle near Budagi Petrol Pump, Bada Yermal village, due to which impact, the appellants' son sustained grievous injuries and succumbed to the same on the way to the hospital. Hence, the appellants approached the Tribunal seeking compensation and the tribunal after considering the evidence on record has awarded Rs.4,01,000/- as compensation under the following heads:

(3.) Ms.Mamatha Shetty, learned counsel for the appellants contends that the income of the deceased has not been considered properly, the tribunal has not taken into consideration the future prospects of the deceased and furthermore, the multiplier '13' which has been taken into consideration on account of the age of the mother of the deceased and not that of the deceased and hence, she submits that the Judgment of the Tribunal suffers from various deficiencies and the compensation needs to be enhanced.