SUNDARAMMA, W/O. T.S. RAJASHEKAR Vs. NARESH KUMAR AGARWAL, S/O. SHYAM LAL, MAJOR, MEENAKSHI CENTRE BUILDING AND MATERIAL SUPPLIERS, HENNURU BANDE, HENNUR ROAD, BANGALORE DISTRICT AND OTHERS

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award in MVC No.2296/2003 dated 26.4.2005 on the file of the Motor Accident Claims Tribunal, Bangalore. The appellants were the petitioners/claimants before the Tribunal and respondent Nos.2 and 3 were the owner and insurer of the offending vehicle. There is no dispute as to the occurrence of the accident and the liability of the second respondent -Insurance Company to pay the compensation.

(2.) LEARNED Counsel for the appellants contends that the deceased was the son of the appellants. He was aged 28 years at the time of the accident. He was working as a Commercial Executive at ACE Manufacturing Systems Limited at Peenya and he was drawing gross salary of Rs. 13,350/ - per month. The Tribunal has taken his income at Rs. 9,100/ - per month for the purpose of computation of loss of dependency. It is argued that taking into consideration the age of the mother of the deceased, the multiplier applicable to the case was 13. It is further contended that the deceased was holding a stable job. Since the deceased was aged 28 years at the time of the accident, the Tribunal ought to have awarded 50% of his income towards his future prospectus.

(3.) WE have carefully considered the arguments of the learned Counsel made at the Bar and perused the materials placed on record.