VENKATALAKSHMI, P YESHAVANTHKUMAR, P VENKATESH AND P JAGADISH Vs. REVANNA, T NAGESH AND NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) This appeal by the claimants is directed against the judgment and award in MVC No. 1205/2009 dated 1.09.2010 on the file of the Fast Track Court-I and Additional Motor Accident Claims Tribunal at Mysore. The claimants are the wife and children of one S. Puttaswamy. S. Puttaswamy died in a motor vehicle accident occurred on 10.09.2006. Therefore, the appellants filed the above petition seeking compensation. The Tribunal on appreciation of the materials on record has awarded a total compensation of Rs. 3,73,500/- with interest at 6% p.a. from the date of the petition till the date of deposit.

(2.) Learned counsel for the appellants/claimants would contend that the deceased was running a tea stall. The Tahsildar, Mysore Taluk has issued a certificate at Ex. P9 confirming that the deceased was running tea stall near Kumbara Koppal, Mysore Taluk. He was earning more than Rs. 6,000/- per month. The Tribunal has taken his income at Rs. 4,000/- for the purpose of computation of loss of dependency. It is further contended that since the deceased has left behind his wife and three children, the Tribunal ought to have deducted 1/4th of the income towards his personal expenses as against 50% deducted by the Tribunal. The award of compensation towards loss of consortium and loss of love and affection is on the lower side.

(3.) On the other hand, learned advocate appearing for the respondent - insurance company has sought to justify the impugned judgment and award.