BHAVANI W/O LATE H.S. DEVARAJU, SHYAM S/O LATE H.S. DEVARAJU AND DEVARAJ S/O LATE H.S. DEVARAJU Vs. REGIONAL MANAGER ORIENTAL INSURANCE CO. LTD. NO. 44/45 LEO SHOPPING COMPLEX RESIDENCY ROAD BANGALORE 25, MR. RUDRESH

JUDGEMENT

(1.) THE Appellants claimants being not satisfied with the quantum of compensation awarded by the MACT, Bangalore dt. 11.1.2007 made in MVC No. 8092/05 on the file of the Motor Accident Claims Tribunal (for short 'MACT'), Bangalore, have filed this appeal seeking for enhancement of the compensation.

(2.) THE brief facts of the case are as follows: The claimants are the wife and children of deceased Devaraju who died in the road traffic accident occurred on 6.9.2005 at about 11.00 p.m. while he was going along with the pillion rider in his motor cycle, on the left side of N.H. 48, near J.J. Dhabha at Solur, a bus bearing regn. No. EA -21 -A -3555 came in a high speed in a rash and negligent manner and dashed against the said motor cycle. Due to the accident, Devaraju died on the spot and (sic) rider got injured. The widow and children have filed the claim petition claiming compensation contending that the deceased was working at Sonal Garments and getting a salary of Rs. 12,000/ -, be was aged about 28 years and sought for the compensation of Rs. 20,00,000/ -. The MACT, on considering the oral and documentary evidence taking into consideration the salary of the deceased at Rs. 5000/ - deducting 1/3 towards his personal expenditure and also considering his age as 28 years, awarded Rs. 6,40,128/ - towards loss of dependency and Rs. 15,000/ - towards transportation of the dead body, Rs. 15,000/ - towards loss of consortium, Rs. 15,000/ - towards love and affection and Rs. 15,000/ - towards loss to estate. In all a sum of Rs. 7,00,128/ - which, is rounded off to Rs. 7,00,100/ - in favour of the claimants. Being not satisfied with the quorum of compensation awarded by the MACT, the claimants have preferred this appeal.

(3.) HENCE , the claimants are entitled for a compensation of Rs. 12,64,000/ -, If we deduct Rs. 7,00,100/ - the compensation awarded by the MACT, the claimants are entitled for the enhanced compensation of Rs. 5,63,900/ - with interest at the rate of 6% p.a. from the data of petition till the date of realisation.