LANKEPPA AND LAYAWWA Vs. LATE CHANDRAM SINCE DECEASED, REPRESENTED BY HIS L.RS. YALLAMMA, SUBHAN, SHIVANAND, LAXMAN AND THE MANAGER, THE NEW INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) ACCEPTING the cause shown in the affidavit filed in support of the application, delay of 21 days in filing the appeal is condoned. I.A. No. 1/2011 is allowed accordingly. Though the appeal is listed for orders, having regard to the short point involved in the matter and with the consent of the learned counsel appearing on both sides, the matter is heard for final disposal.

(2.) THIS appeal by the claimants in MVC No. 981/2007 on the file of the)Motor Accident Claims Tribunal No. VI, Bijapur, is for enhancement of compensation. The appellants filed claim petition under Section 166 of the Motor Vehicles Act seeking compensation of Rs. 13,85,000/ - for the death of their son Prabhuling, aged about 18 years in the motor vehicle accident that occurred at 5.00 p.m. on 02.02.2007 involving a Tractor Trailer bearing registration No. KA -28/T7396 and 7397 owned by the original respondent No. 1 and insured with respondent No. 2. The claimants contended that the deceased was agricultural coolie and was earning Rs. 5,000/ - per month and that they were entirely dependent on the income of the deceased. The claim petition was contested by the respondent No. 2 -insurer. The Tribunal after holding enquiry and on appreciation of the oral and documentary evidence, by the judgment under appeal, answered issue regarding actionable negligence in the affirmative holding that the accident was solely due to the negligence of the driver of tractor trailer. The Tribunal reckoned monthly income of the deceased at Rs. 3,000/ -, deducted 50% of the said income towards his living and personal expenses and treated remaining 50% as the contribution to the family and by adopting multiplier of 15 quantified loss of dependency at Rs. 2,70,000/ -. In addition to this the Tribunal awarded Rs. 10,000/ - towards loss to estate and Rs. 5,000/ - towards funeral expenses. Thus, the Tribunal awarded total compensation of Rs. 2,85,000/ - and directed the insurer of the offending vehicle to deposit the same with interest at 6% per annum from the date of petition till the date of payment.

(3.) I have heard the learned counsel on both sides.