VIDYA Vs. VIJAYAMAHANTESH

JUDGEMENT

(1.) The appellants, dissatisfied with the amount of compensation granted by the Tribunal, for the death of Ramesh the husband of the first appellant, in a motor vehicle accident, have approached this Court in appeal, seeking enhancement.

(2.) The facts reveal that on 24.09.2009 Ramesh (the deceased) and another who is injured were proceeding on the motorcycle bearing Reg.No.KA-29-J-5658 at Sitimani Gudda road, near Lava Garden within the limits of Bagalkot, Rural Police Station and at that time the tractor and trailer bearing Reg.No.KA-29-T-6069-6070 driven in a rash and negligent manner by its driver, hit the motorcycle and thereby Ramesh sustained severe injuries and died while under treatment on 17.10.2009. He was working as a pump operator in UKP Project of the State of Karnataka. His wife and minor children made a claim for compensation towards loss of dependency and other conventional heads. Their claim petition was clubbed with MVC No.2064/2009 and common evidence was permitted. During the enquiry PWs.1 to 3 were examined and in their evidence Exs.P1 to P15 were marked. On behalf of the respondents RW.1 was examined and Exs.R1 to R3 were marked. The Tribunal after hearing the counsel and on appreciation of the evidence held the driver of the tractor rash and negligent. The Tribunal determined the salary of Ramesh (the deceased) at Rs.12,950/-. A sum of Rs.150/- was deducted towards professional tax payable by him and after deducting 1/4th towards personal expenses of the deceased from the salary his contribution was calculated at Rs.9,637.50 per month. So annual loss of dependency was arrived at Rs.1,15,650/-. A sum of Rs.20,000/- was awarded towards conventional heads. But any how it adopted split multiplier and therefore granted a sum of Rs.9,83,025/- towards loss of dependency. Dissatisfied with the amount of compensation awarded, they have preferred the appeal.

(3.) Though the appeal is posted for admission, with the consent of the counsel for both the parties, it is taken up for final disposal. We have heard the learned Counsel for both the parties.