C.D. BOJAMMA Vs. A.M. JOYAPPA

JUDGEMENT

(1.) This appeal by the claimants is directed against the impugned judgment and award dated 04.10.2011 passed in MVC No. 129/2010 on the file of the Civil Judge (Sr. Dn.) & MACT, Virajpet, (hereinafter referred to as 'Tribunal' for short), for enhancement of compensation. The Tribunal by its judgment and award, has awarded a sum of Rs. 3,91,000/- under different heads with interest at 6% per annum from the date of petition till the date of realization, on account of the death the deceased Choorira Devaiah alias Raja in the road traffic accident.

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

(3.) The submission of the learned counsel appearing for the appellants at the outset is that, the Tribunal has committed an error, material irregularity and injustice in not assessing the income of the deceased reasonably. What is assessed at Rs. 3,000/- per month is on the lower side, since the age of the deceased was 40 years and the wife and minor son were entirely dependent on the income of the deceased. This aspect of the matter was neither considered nor appreciated by the Tribunal. Therefore, he submitted that the income of the deceased may be re-assessed reasonably and reasonable compensation be awarded towards loss of dependency after deducting 1/3rd of his income towards his personal expenses and by applying the appropriate multiplier '15', applicable to the age of the deceased who was 40 years as on the date of accident. Further, he pointed out and submitted that the Tribunal has not awarded reasonable compensation towards loss of love and affection and loss of estate. Therefore, the impugned judgment and award is liable to be modified.