S.V. SURESH S/O LATE VENKATESHAIAH AND S MADHURI W/O SHASHI KUMAR Vs. THE MANAGER ORIENTAL INSURANCE CO. LTD. REGIONAL OFFICE, NO. 44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BANGALORE-25 AND CHANDRASHEKHAR CHARI S/O K. KRISHNACHARI R/A NO. 452

JUDGEMENT

(1.) DELAY of 1087 days in filing the appeal is condoned subject to the condition that, appellant would not be entitled for interest tor the delay period on the enhanced amount of compensation. Misc.Cvl 13487/2011 is allowed. This appeal is by the claimants seeking enhancement of compensation as against the award passed by the XIII Addl. Small Causes Judge & MACT, Bangalore in MVC No. 7980/2006.

(2.) CLAIMANTS are the husband and daughter of the deceased who died in the accident occurred on 29.7.2006 due to the negligence of the driver of the Tata Sumo bearing No.KA02 B 737 in which she was travelling. The Tribunal has awarded a total compensation of Rs. 3,48,000/ -. Being not satisfied, the claimants are before this Court

(3.) BY taking the income of the deceased at Rs.3,600/ - per month, after deducting l/3rd towards personal expenses, claimants are entitled for Rs.3,45,000/ - towards loss of dependency. Since already Rs.60.000/ - is awarded by the Tribunal towards conventional heads, the same could be maintained. Thus, claimants are entitled for Rs.4,05.000/ -, in modification of the award of the Tribunal with 6% interest from the date of petition till deposit. Insurer to deposit the amount in three months.