AMULYA REDDY Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) This appeal by the appellants is directed against the impugned judgment and award dated 7.9.2009 passed in MVC.No.1272/2008 on the file of the X Additional Judge, Member, MACT, Bangalore (SCCH-16) (hereinafter referred to as ' Tribunal' for short). The Tribunal by its judgment and award has awarded a sum of Rs.43,38,000/- under different heads with interest at 6% per annum from the date of petition till its payment, on account of the death of the deceased Chandra Mohan Reddy in the road traffic accident.

(2.) In brief, the facts of the case are:

(3.) The said matter had come up for consideration before the Tribunal. The respondent-insurer has not entered the witness box nor marked any documents. The Tribunal, has recorded a finding that due to the rash and negligent driving by the driver of the lorry in question, the accident had occurred and that the vehicle was insured with the 2nd respondent-insurer and they are liable to indemnify the award amount and has allowed the claim petition awarding Rs.44,20,000/- towards loss of dependency, taking the income of the deceased at Rs.20,000/- per month and after deducting 1/3rd towards personal expenses and applying the multiplier of Rs. 18' having regard to the youngest age of the wife of the deceased in view of the well settled law of the Apex Court in the case of Sarla Verma & others v- Delhi Transport Corporation & another, 2009 ACJ 1298and Rs.15,000/- under other conventional heads such as loss of love and affection and towards transportation of dead boy, with 6% interest from the date of petition till the date of reaslisation. Being dissatisfied with the compensation awarded by the Tribunal, the claimants felt necessitated to present this appeal seeking enhancement of compensation.