MALLIGAMMA, M. SIDDARAJU AND ANITHA Vs. YOGANANDA TEJASWI, H. MAHESH AND THE NEW INDIA ASSURANCE CO. LTD., REPTD. BY ITS BRANCH MANAGER

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award in MVC No. 60/2009 dated 10.3.2011 on the file of the Senior Civil Judge, Nanjangud. The appellants are the wife and children of one Mahadeva Shetty. Mahadeva Shetty died in a motor vehicle accident occurred on 15.11.2008. Therefore, the appellants filed the above petition seeking compensation on account of the death of Mahadeva Shetty. The court below has awarded a total compensation of Rs. 3,44,000/ - with interest at 6% per annum from the date of the petition till the date of deposit.

(2.) LEARNED Counsel for the appellants would contend that the deceased was an agriculturist and earning more than Rs. 9,000/ - per month. He was aged 45 years at the time of the accident. The court below has taken his income at Rs. 100/ - per day for the purpose of computation of loss of dependency. It is further contended that the court below has not awarded appropriate compensation towards loss of consortium and loss of love and affection.

(3.) I have carefully considered the arguments of the learned Counsel made at the Bar and perused the materials placed on record.