M.G. UMA, W/O LATE K. SRIDHARA RAO, ADITYA RAO, S/O LATE K. SREEDHARA RAO, SMT. SUSHEELA RAO, W/O SRINIVASA RAO. K., AND K. SRINIVASA RAO, S/O LATE KRISHNA RAO Vs. SMT. K. SUMA, W/O H.T. VASANTHA, THYAGAMARGA, SIDDHARTHA LAYOUT, MYSORE AND NATIO

JUDGEMENT

(1.) THE claimants have preferred this appeal being not satisfied with the compensation awarded to them by the MACT, Mysore in MVC.No.766/2006 dated 21 12.2006.

(2.) IN a road traffic accident that occurred on 5.7.2004 at about 10.50 p.m., one K. Sridhara Rao was proceeding on his Hero Puch motor cycle bearing registration No. KA -09 -K7863 on Madhavachar Road, from the opposite direction a Kinetic Honda motor cycle bearing No. KA 09H8544 which was coming in a rash and negligent manner dashed against the vehicle of the deceased as a result of which said Sridhara Rao sustained grievous injuries. Thereafter, he was shifted to Mission Hospital at Mysore. However, he succumbed to the injuries on 7.7.2004. The claimants are the widow, minor child and aged parents of the deceased. The Tribunal considered the income of the deceased at Rs. 4,000/ - per month as he was coaching Roller Skating to the students and he was acknowledged as one of the best coaches. The Tribunal has taken the age of the deceased as 35 years. By deducting 1/3rd from his income towards his personal expenses and by applying the multiplier of '14' the Tribunal assessed the loss of dependency at Rs. 4,48,000/ -. Under the conventional heads a sum of Rs. 25,000/ - is awarded. Thus totally Rs. 4,73,000/ - is awarded as compensation. Being not satisfied with the same, the present appeal is filed for enhancement.

(3.) ACCORDINGLY , the appeal is allowed in part. The claimants are entitled for enhanced compensation of Rs. 1,53,000/ - with interest at 6% per annum from the date of petition till the date of payment. Out of the enhanced compensation, a sum of Rs. 1,20,000/ - with accrued interest thereon is ordered to be kept in Fixed Deposition in any Nationalised Bank in the name of the first Appellant -widow of the deceased, for a period of 5 years and she is entitled to withdraw the interest periodically. The Tribunal is directed to distribute the balance of Rs. 33,000/ - to the other claimants in equal portions.