PREMAVATHI SHETTY Vs. VEERABHADRAPPA

JUDGEMENT

(1.) THESE appeals by the claimants seeking enhancement of compensation are against the common judgment and award passed by the learned Senior Civil Judge & Addl. MACT, Kundapura, in MVC. Nos. 1088 & 1016/2006, dated 13th April 2010. MFA. No. 8534/2011 is filed by the first wife and children and MFA. No. 8535/2011 is filed by the second wife and children of Babu @ Prakashchandra Shetty on account of his death in the accident.

(2.) IT is the case of the claimants that on 27.4.2006 at about 8.0 -0 p.m. when Babu @ Prakashchandra Shetty was proceeding on motorcycle bearing registration No. KA -20 -R -9033 from Hosanagara towards Sri Ramachandra Mutt side, near Karanagiri High School, Hosanagara taluk, a motorcycle bearing registration No. KA -17 -L -476 came in a rash and negligent manner and dashed against the motorcycle of Babu due to which, he sustained grievous injuries. Immediately he was shifted to Government Hospital, Honnavara and thereafter to KMC Hospital, Manipal, wherein he succumbed to the injuries on 20.5.2006. Stating that they have spent an amount of Rs. 1,50,000/ - towards medical expenses, Rs. 25,000/ - towards funeral and obsequies and Rs. 5,000/ - towards conveyance, claimants filed claim petitions before the Tribunal seeking compensation.

(3.) DECEASED was aged 38 years as on the date of the accident. It is stated that he was a Contractor and also an agriculturist, earning Rs. 6,000/ - per month. Taking the average income of the deceased between Rs. 4,500/ - to Rs. 5,000/ - per month, deducting one -fourth towards personal expenses, applying the multiplier '15' claimants are entitled to a sum of Rs. 6,40,000/ - towards loss of dependency. As the deceased was stated to be in the hospital for nearly 15 days, claimants are entitled for a sum of Rs. 75,000/ - towards medical and incidental expenses and Rs. 45,000/ - towards conventional heads. Thus, in all the claimants are entitled to compensation of Rs. 7,60,000/ - instead of Rs. 6,50,000/ - as awarded by the Tribunal.