SHANTAWWA Vs. Y SHIVANNA

JUDGEMENT

(1.) The appellants herein filed MVC No.403 of 2014 on the file of the Principal Senior Civil Judge & Additional MACT, Hubli, for payment of compensation in a total of sum of Rs. 48,75,000/-, on account of the death of Yallappa S/o.Ningappa Allapur, husband of appellant No.1, father of appellant No.2 and son of appellant Nos.3 and 4.

(2.) On the basis of the pleadings of parties, the Court below framed the relevant issues. Appellant No.1 was examined as PW-1 and documents Exs.P-1 to 18 were marked in her evidence. Respondent has not let-in any evidence. On appreciation of the materials on record, the Court below has awarded a total compensation of Rs. 7,17,000/- with interest at 7.5% per annum from the date of petition till the date of payment.

(3.) The appellants have f iled the instant appeal by contending that the compensation awarded is inadequate. Learned counsel for the appellants would contend that the deceased was owning a goods vehicle, which is evidenced by the R.C. Book at Ex.P-9. He had availed f inancial assistance from a Bank for the purchase of the said vehicle and had been repaying the loan regularly. Ex.P-11 is the loan repayment letter issued by the Bank. He was having more than Rs. 30,000/- income per month. It is further contended that since the deceased was selfemployed, the Court below ought to have included 50% of the income towards future prospects while determining the compensation towards loss of dependency and accordingly, the compensation ought to have been awarded. It is argued that the compensation awarded under other heads is also on the lower side.