VASANTHAMMA Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) THIS appeal is by the claimants for enhancement of compensation. The Tribunal awarded total compensation of Rs. 4,68,000/- for the death of B.N.Venkataesh. Appellants are the parents, wife and children of the deceased.

(2.) ON 9-7-2002, the deceased was travelling in a TVS moped bearing No.KA 11 J-567 as pillion rider. Near Bhagyalakshmi Petrol Bunk at K.R.Pet town, a KSRTC bus bearing registration No. KA 13 F 831 came in a rash and negligent manner and dashed against the moped. Due to the impact, pillion rider Venkatesh died at the spot. The appellants filed claim petition seeking compensation of Rs.20 lakhs. The Tribunal held that the accident was due to rash and negligent driving of KSRTC bus. Taking into consideration the avocation of the deceased as sugarcane crusher, the income of the deceased was taken at Rs.100/- per day and after deducting 1/3rd towards personal expenses and applying the multiplier 18, the Tribunal awarded compensation of Rs.4,32,000 towards loss of dependency. Adding compensation on other conventional heads, the Tribunal awarded total compensation of Rs.4,68,000/-.

(3.) ACCORDINGLY, the appeal is partly allowed. The judgment and award of the Tribunal is modified enhancing the compensation to Rs. 5,22,600/- with interest at 6% p.a from the date of petition till the date of realisation. The respondent shall deposit the amount within two months.