BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD. Vs. SMT. MERIYAMMA W/O. LATE AROGYASWAMY, WILLIAM PRAKASH S/O. LATE AROGYASWAMY, SMT. MERI ANTHONY PRATHIMA @ RANI W/O. CHINNAPPA @ KUMAR AND JAVEREGOWDA S/O. KENGEGOWDA MAJOR

JUDGEMENT

(1.) BEING not satisfied with the compensation awarded to the claiments in MVC No. 897/05 dt. 25.1.2007 y the MACT, Hassen, the claimants have preferred MFA No. 10057/07 for enhancement. Contending that the quantum of compensation awarded by the Tribunal is on bigher side, the Insurance Company has filed MFA No. 7489/07. Therefore, these two matters are heard together.

(2.) THE admitted facts in these appeals are as here under: The claimants are the legal heirs of Arogyaswamy who was working as a Lineman in KEB drawing a salary of Rs. 9,125/ - who died in a road traffic accident occurred on 26.6.2005 and succumbed to the injuries later in the hospital. He was aged about 54 years. The Trimunal considering the salary certificate awarded a total compensation of Rs. 7,59,000/ -. Out of which Rs. 50,059/ - towards medical expenses, Rs. 6,82,272/ - towards loss of dependency. Being not satisfied with the same, both the claimants and the Insurance Company have preferred these appeals.

(3.) THUS , in all the Appellants are entitled for a total compensation of Rs. 8,82,000/ -, Out of which if we deduct a sum of Rs. 7,59,534/ - awarded by the Tribunal, the claimants/Appellants are entitled for an enhanced compensation of Rs. 1,22,466/ - with interest at 6% p.a. from the date of petition till the date of payment.