B.M. BASAVANNA Vs. A.K. JAMSHID

JUDGEMENT

(1.) This appeal by the claimants seeking enhancement of compensation is against the judgment and award passed by the learned Civil Judge (Sr. Dn.) & MACT, Nanjnagud, in MVC. No. 16/2005, dated 23rd August, 2007. Claimants are parents of deceased minor child Kum. Vidya, aged 9 years, who died in the accident. It is the case of the claimants that on 23.11.2004 at about 10.10 a.m. when deceased was standing at the bus stand at Hirikati gate on Bangalore-Nilgiri road, a car bearing registration No. KL-13-G-5444 came in a rash manner and dashed against the deceased, due to which, she sustained grievous injuries and died at the spot.

(2.) On the claim petition being filed, matter being contested by the respondent-insurer, the Tribunal raising relevant issues for consideration, after enquiry, holding that the accident was due to negligence on the part of the driver of the car in question, awarded compensation of Rs. 1,54,000/- with interest at 6% p.a. Being not satisfied, appellants are before this Court seeking enhancement of compensation.

(3.) The learned counsel for the appellants relying upon the judgment of the Apex Court in the case of Sarala Verma v. Delhi Transport Corporation, 2009 AIR(SC) 3104 , submitted that the Tribunal by considering the income at Rs. 30,000/- and by applying proper multiplier, could have awarded compensation of Rs. 4,50,000/- towards loss of dependency and Rs. 45,000/- under conventional heads and accordingly, sought enhancement of compensation.