REETHA SRINIVASAN W/O LATE SRINIVASAN G ; KAUSHIK S S/O LATE SRINIVASAN Vs. LAKSHMINARAYANA REDDY S/O G GOBI REDDY; ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This appeal by the claimants is directed against the common judgment and award dated 12.10.2011 passed in MVC No.7426/2009 & 7427/2009 on the file of Principal MACT, & Chief Judge, Court of Small Causes, Bangalore. The Tribunal by its impugned judgment and award, awarded a sum of Rs.5,16,000/- with interest @ 6% p.a. from the date of petition till the date of realization, on account of the death of deceased in the road traffic accident.

(2.) Brief facts of the case on hand are that, appellant No.1 is the mother and appellant No.2 is the brother of the deceased Kum.S. Ashwini. They have filed claim petition in MVC No.7426/2009 under Section 166 of the Motor Vehicles Act, 1988 claiming compensation against the respondent owner and Insurer of the vehicle contending that the deceased Kum.S. Ashwini was aged about 18 years. She was hale and healthy prior to the accident and she was prosecuting her studies in BE 2nd semester. Unfortunately she met with an accident at about 8.15 a.m. on the ill-fated day on 27.07.2009. She was returning to Bangalore from Chowdeshwari Coffee Estate, Somwarpet, Taluk, in Innova Car bearing No.KA.03/MG.4399 along with her father and when the car reached near Byaladakere Hobli, Amruthur Hobli, Kunigal Taluk on NH-48, at that time a lorry bearing registration No.KA.43/2345 loaded with Kadapa Stones came from opposite side i.e., Kunigal Side to go towards Hassan in a rash and negligent manner and dashed against the Innova Car and dragged the car to a distance of about 10 feet, due to the impact both Father and daughter died on the spot. Further they have contended that the deceased was a bright student with good academic career, with a distinction in S.S.L.C., Pre-University and was prosecuting BE 2nd Semester at the time of accident. Due to the untimely death of the deceased in the road traffic accident, the mother has lost her beloved daughter being and is denied to see her bright future and brother has lost his only sister. She used to guide, motivate and reform him to mould his future career.

(3.) Taking all these relevant factors into consideration, they have filed claim petition before the Tribunal. The Tribunal after considering the oral and documentary evidence assessed the income of the deceased at Rs.5,000/- per month, deducted 50% towards personal and living expenses of the deceased and taking into account the age of the younger parent the mother of the deceased, applied multiplier of '15' and awarded compensation of a sum of Rs.4,50,000/- towards loss of dependency and a sum of Rs.66,000/- towards conventional heads viz., loss of love and affection, loss of estate, transportation of dead body and funeral expenses, with 6% interest from the date of petition till the date of realization. Not being satisfied with the quantum of compensation awarded by the Tribunal, the appellants have presented the instant appeal seeking enhancement of compensation.