PAPANNA AND ORS. Vs. M. BAKKIAM AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the impugned judgment and award dated 09.07.2015 passed in MVC No. 21/2014 on the file of Prl. Senior Civil Judge and MACT -X at Tumkur, (hereinafter referred to as 'Tribunal' for short) seeking to enhance the compensation.

(2.) THE Tribunal by its judgment and award has awarded compensation of Rs. 2,63,200/ - under different heads with interest at 6% per annum from the date of petition till the realisation, as against the claim of the appellants on account of the death of the deceased -Hanumakka in the road traffic accident, after deducting 20% towards contributory negligence out of Rs. 3,29,000/ -. In brief, the facts of the case are:

(3.) THE submission of Sri. K. Shantharaj, learned counsel appearing for the appellants, at the outset is that, the Tribunal has erred in not awarding reasonable compensation towards loss of dependency and the compensation awarded towards loss of estate, loss of consortium and loss of love and affection is on the lower side. It is the case of the appellants that, the deceased was aged about 51 years at the time of accident, hale and healthy and doing agriculture work and also milk vending business. She was looking after the welfare of the family. She is the Head of the family. Due to her untimely death, they suffered socially and economically. Therefore, he submits that income of the deceased may be reassessed between Rs. 7,000/ - & Rs. 7,500/ - per month. Out of the said income, 1/3rd has to be deducted and considering the age of the deceased as 59 years, by applying the multiplier '9', reasonable compensation may be awarded towards loss of dependency. Therefore, he submits that, the impugned judgment and award passed by the Tribunal is liable to be modified awarding just and reasonable compensation and also enhance the rate of interest.