CHANDRAMATHI Vs. DAYANANDA

JUDGEMENT

(1.) The claimants in MVC. No. 285/2007 on the file of MACT, Sakleshapura have come up in this appeal seeking enhancement of compensation awarded therein.

(2.) Brief facts leading to this appeal are, claimants are widow, son and daughter of deceased Renuk, who died in a motor accident, which took place on 23.6.2006 at about 7 pm., near Devarajappa's land Magalur circle at Magalur village. The accident is not in dispute. The ownership of vehicle by 1ST respondent and relationship of insured and insurer between 1ST and 2nd respondents is not in dispute. It is also not in dispute that widow, son and daughter of deceased Renuk immediately after the death of Renuk in the aforesaid accident filed claim petition seeking compensation. They state that deceased Renuk was an agriculturist, tailor and was also doing milk vending and was earning monthly income of Rs. 18,000/- . Due to his death in the aforesaid accident, claimants have lost the breadwinner of the family. As such, they are entitled to compensation from the owner and insurer of offending motor cycle.

(3.) In the said proceedings, on appreciation of the oral and documentary evidence available on record, the tribunal in the absence of acceptable evidence regarding income of deceased Renuk proceeded to accept the monthly income of deceased at Rs. 4,000/- pm., and accordingly, calculated compensation payable to claimants under the head loss of dependency at Rs. 4,48,000/- . In addition to that it has also awarded compensation under the head loss of consortium, loss of estate, loss of love and affection, transportation of dead body and funeral expenses including other expenses totaling to Rs. 66.000/- . In all a sum of Rs. 5,14,000/- was awarded by the tribunal.