H. NANJUNDAIAH AND SMT. JAYALAKSHMI Vs. SRI. Y. SUDHAKAR REDDY AND THE REGIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) THOUGH this matter is posted for orders, the same is taken up for final disposal with the consent of learned counsel for both the parties. This appeal by the claimants is directed against the impugned judgment and award dated 10.6.2011 passed in MVC No. 2292/2010 on the file of the III Addl. Sr. Civil Judge and MACT at Bangalore (SCCH -18).

(2.) THE Tribunal by its impugned judgment and award has awarded a sum of Rs. 4,07,000/ - with interest at 8% from the date of petition till its realization, on account of the death of deceased Basavaraju in the road traffic accident. The claimants on the ground that the quantum of compensation awarded by the Tribunal is inadequate and it requires enhancement, have presented this appeal.

(3.) IT is the submission of the learned counsel for the appellants Sri N.S. Bhat at the outset that the Tribunal has erred in assessing the income of the deceased at Rs. 3,000/ - per month, which is on the lower side. The claimants are the parents of the deceased. They have lost the security and are deprived of seeing the bright future of their son and due to his untimely death in the road traffic accident. In spite of giving necessary medication in three hospitals, they could not save him. They have spent reasonable amount towards conveyance, nourishing food and attendant charges. He was aged about 28 years at the time of accident. Having regard to the age, avocation and year of accident, the income of the deceased is liable to be reassessed reasonably out of which, 50% is to be deducted towards personal expenses and taking the age of the younger parent of the deceased appropriate multiplier be adopted and reasonable compensation be awarded towards loss of dependency by modifying the'. impugned judgment and award. It is further submitted since the deceased was admitted in three hospitals, the Tribunal ought to have awarded reasonable amount towards conveyance, nourishing food and attendant charges.