JEETHU @ JEETHRA BHAI S/O LATE BHIMA BHAI Vs. SRI L.V. PRABHU S/O. VENKATASWAMY REDDY, REDDY BUILDING, BANGALORE HOSUR MAIN ROAD, CHANDRAPURA, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE AND THE REGIONAL MANAGER, M/S. NEW INDIA ASSURANCE CO. LTD., N

JUDGEMENT

(1.) CLAIM petition filed by the appellants under Section );">163A of the Motor Vehicles Act, 1988, against the respondents, was allowed in part by the MACT and compensation of Rs. . 3,61,615/ - with interest at 6% p.a. was ordered to be paid by the respondents jointly and severally. The award passed by the MACT has not been questioned by the respondents. This appeal by the claimants is for modification of the impugned award and for enhancement of compensation. For the appellants, it is contended that the Tribunal ought to have taken note of the age of the deceased and applied the multiplier and decided the compensation payable at Rs. . 6,84,000/ - and that the award passed being otherwise, interference in the matter is called for.

(2.) SRI C.R. Ravishankar, learned counsel appearing for respondent No. 2/Insurance Company, on the other hand, would contend that the Tribunal has rightly taken note of the income of the deceased and has applied the multiplier of 18 and loss of dependency, has been rightly determined at Rs. . 3,51,000/ -. Learned counsel seeks dismissal of the appeal. The record would show that, Sri Dinesh @ Dinubhai, met with road traffic accident on 18.11.2008 and sustained fatal injuries and died. The claimant/appellants are his parents. Income of the deceased has to be taken at Rs. . 40,000/ - p.a. As per Second Schedule to the Act, 1/3rd has to be deducted towards personal and living expenses of the deceased. The multiplier which is to be applied is the one with reference to the age of the surviving younger parent in terms of the decision in the case of Ramesh Singh and Another Vs. Satbir Singh and Another, AIR 2008 SC 1233 . Age of the mother of the deceased being 40 years, multiplier applicable is 15. Thus the compensation payable by the respondents under the head loss of dependency is Rs. . 4,00,050/ -. Since the claimants have incurred expenses of Rs. . 6,150/ - when the injured was alive i.e., towards his medical expenses, they are entitled for reimbursement. In addition, the claimants are also entitled to be paid Rs. . 4,500/ - under conventional heads. Thus, the total compensation payable by the respondents is Rs. . 4,10,700/ -, which carries interest at 6% p.a. from the date of filing of the petition till the date of deposit. Respondents are granted 2 months time to deposit the balance amount in MACT.

(3.) APPEAL stands allowed in part accordingly.