GIRIYAMMA Vs. VISHWANATH POOJARI

JUDGEMENT

(1.) This appeal is by the claimant being aggrieved by the impugned judgment and award dated 2.9.2010 passed in MVC No.2088/2008 on the file of the Addl.Senior Civil Judge and Member, Addl. MACT, Hassan. The Tribunal by its impugned judgment and award, awarded Rs.2,79,000/- with 6% interest per annum from the date of petition till the date of deposit, on account of the death of deceased Krishnegowda in the road traffic accident. The appellant has presented this appeal seeking enhancement.

(2.) Brief facts of the case are that the claimant is none other than the wife of the deceased late Krishnegowda, who has filed the claim petition under Section 166 of the Motor Vehicles Act, claiming compensation of Rs.20,00,000/- with interest @ 18% p.a. from the date of petition till the date of realization, contending that the deceased was aged about 52 years at the time of accident and was the only earning member in the family and that he used to spend all his income towards the welfare of his family. On account of untimely death of Krishnegowda, the family has lost the sole bread winner of the family. His wife is aged about 50 years and it has affected social and economic status of the family. Further she contended that the deceased met with an accident on 10.9.2008 when he was proceeding in his bicycle from Muniyappana Temple towards Attawara Hosalli, on left side of the Kadaga Road, due to rash and negligent driving by the driver of the Lorry bearing registration No.KA-19-7114, as a result of which he sustained injuries and succumbed to the injuries. It is further contended that he was earning more than Rs.15,000/- per month by doing dairy business and agriculture. Due to untimely death of the deceased the appellant wife has lost her life partner and therefore, was constrained to claim compensation against the respondents, by filing claim petition before Tribunal.

(3.) The Tribunal in turn after consideration of oral and documentary evidence on record, taking note of the year of accident, age and avocation of deceased, assessed his monthly income at Rs.3,000/- per month, deducted 1/3rd towards his personal expenses and adopting the multiplier of '11' awarded a sum of Rs.2,64,000/- towards loss of dependency (i.e., Rs.2,000 x 12 x 11) and a sum of Rs.15,000/- towards loss of consortium and transportation of the dead body and funeral expenses. In all the Tribunal awarded compensation of a sum of Rs.2,79,000/- with 6% interest from the date of petition till the date of realization.