H.E. SANNA HANUMANTHAPPA AND NAGAMMA Vs. K. MAHABHADRAPPA AND THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) ONE H. Manjanna @ Manjunatha aged about 23 years, driver by profession lost his life in the accident that occurred on 28.11.2006. His parents aged about 45 and 40 years respectively claimed compensation by filing M.V.C. No. 20/2007 which came to be allowed in part awarding compensation of Rs. 3,76,000/ - with interest at 6% per annum. This appeal is praying for enhancement of compensation. As aforementioned, the accident was occurred in the month of November, 2007, the deceased was a driver by profession. In the normal course earning of the deceased would have been Rs. 150/ - per day or Rs. 4,500/ - per month. The Tribunal has assessed the income of the deceased at Rs. 4,000/ - which appears to be on the lower side. On the other hand it should have been at least Rs. 4,500/ - per month. 30% needs to be added towards his future prospects. Since deceased was a bachelor 50% of his income is to be deducted towards his personal expenses, particularly having regard to the fact that he had to maintain only his parents. "15" is the proper multiplier having regard to the age of the younger of the parents, (mother who is 40 years at the relevant time). Based on the aforementioned facts and circumstances, the claimants are entitled to Rs. 5,26,500/ - under the head "loss of dependency". In addition to that a sum of Rs. 50,000/ - is awarded under conventional heads.

(2.) ACCORDING the following order is made: The appeal is allowed in part. The claimants are entitled for a total compensation of Rs. 5,76,500/ - as against Rs. 3,76,000/ - awarded by the Tribunal. The rate of interest, apportionment and deposit shall be in terms of the award of the Tribunal.