S. SUBBAIAH S/O. LATE SANNAIAH, T. YASHODHA W/O. S. SUBBAIAH AND S. SUNITHARANI D/O. S. SUBBAIAH Vs. THE MANAGER ORIENTAL INSURANCE COMPANY LTD., OPPOSITE TO TOWN HALL, CHIKKAPETE, P.B. NO. 41, MADIKERI, REPRESENTED BY ORIENTAL INSURANCE COMPANY

JUDGEMENT

(1.) THIS appeal is by the claimants seeking enhancement of compensation as against the judgment and award dated 20.10.2011 in MVC No. 965/2009 passed by the Addl. District Judge, Member MACT - II at Hassan.

(2.) THE deceased succumbed to the injuries in the accident that occurred on 27.12.2008 at about 1.00 p.m. between the Motorcycle bearing registration No. KA 13 R 9261 and a Tata Goods Lorry bearing No. KA 127039 on B.M. Road., in front of Guhekallamma Temple, Hassan. The deceased A.S. Madhuprasad was aged about 21 years and a Diploma Student and a agriculturist. The Tribunal, on consideration of material on record has awarded compensation of Rs. 70,000/ - with interest at 6% p.a. from the date of petition till the date of realization. Dissatisfied with the award, Appellant Nos 1 and 2 who are the parents and appellant No. 3 who is the sister, are in appeal seeking enhancement of compensation

(3.) TAKING the income of the deceased at Rs. 3,600/ - per month after deducting 50% towards personal expenses, and applying the multiplier of 15, 'Loss of dependency' would be Rs. 3,24,000/ - (1800 x 12 x 15 -3,24,000/ -).45,000 on Conventional heads.