TAHERA BEGUM, REZWHAN, MOHAMMED DHASTIGER AND ASMA ROHI Vs. NAVEEN VA CHAVALA, DIVISIONAL CONTROL OFFICER, KSRTC AND MANAGING DIRECTOR, KSRTC MAIN OFFICE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award in MVC No. 65/2009 dated 22.4.2010 on the file of the Senior Civil Judge and JMFC and Motor Accident Claims Tribunal, Arasikere. The appellants are the wife and children of one Jhawed. Jhawed died in a motor vehicle accident occurred on 7.1.2009. Therefore, the appellants filed the above petition seeking compensation on account of the death of Jhawed. The Tribunal has awarded a total compensation of Rs. 4,00,000/ - with interest at 6% per annum from the date of the petition till the date of deposit.

(2.) LEARNED Counsel for the appellants would contend that the deceased was a street vendor. He was earning Rs. 10,000/ - per month. The Tribunal has taken his income at Rs. 3,000/ - per month for the purpose of computation of loss of dependency. The deceased was aged 35 years at the time of the accident. The multiplier applicable to the case is 16 as against 15 applied by the Tribunal. 1/4th of the income should have been deducted towards his personal expenses. It is further contended that the Tribunal has not awarded appropriate compensation towards loss of consortium and loss of love and affection.

(3.) I have carefully considered the arguments of the learned Counsel made at the Bar and perused the materials placed on record.