HANNI KALLISHANATH AND OTHERS Vs. MADHUKAR AND OTHERS

JUDGEMENT

(1.) THOUGH the matters are posted for orders, with the consent of learned counsel appearing for the parties, the same are taken up for final disposal.

(2.) THESE two appeals are respectively filed by the parents and wife and children and parents of the deceased being aggrieved by the impugned judgment and award dated 29.03.2010 passed in M.V.C. No. 404/2005 on the file of the Prl. Senior Civil Judge and Member, MACT, Hubli. The Tribunal by its impugned judgment and award has awarded a sum of Rs. 3,66,000/ - with interest at the rate of 6% p.a. from the date of petition till the date of realisation on account of the death of the deceased Sri. H. Veerendranath in a road traffic accident. Being dissatisfied with the quantum of compensation, the parents of the deceased have presented M.F.A. No. 20414/2011 and the wife and children have presented M.F.A. No. 20927/2011.

(3.) THE submission of the learned counsel for the claimants/appellants is that the Tribunal erred in not assessing the just and reasonable income of the deceased, as the deceased was the only earning member in the family and was maintaining the entire family consisting of wife, children and the parents and that the income taken by the Tribunal at Rs. 3,000/ - is on the lower side. He submits that the Tribunal ought to have taken the appropriate multiplier of 15 following the judgment in the case of Smt. Sarla Verma and others vs. Delhi Transport Corporation and another, 2009 ACJ 1298. Therefore, he submits that the impugned judgment and award is liable to be modified.