SHUBHAREKHA AND ORS. Vs. I. BAVHUNNI AND ORS.

JUDGEMENT

(1.) The claimants in MVC. No.1502/2006 on the file of MACT, Dakshina Kannada, Mangalore, have come up in this appeal seeking enhancement of compensation. Though this appeal has come up for admission, since lower court record is received, at the request of counsel for the parties it is taken up for final disposal.

(2.) The proceeding in MVC.No.1502/2006 is initiated by the children of deceased K. Narayana Moolya seeking compensation for the death of their father. The material on record would disclose that on 14.5.2006 at about 11.30 a.m., when deceased K. Narayana Moolya was travelling in Tata 407 tempo bearing registration No.KA-20/5795, the said tempo met with an accident due to rash and negligent driving of its driver resulting in his instant death. It is stated that immediately after accident his wife also died. Thereafter, the three children of deceased K. Narayana Moolya who were minors then filed the claim petition through their paternal grandmother 4'th claimant and all of them together sought compensation for the death of K. Narayana Moolya.

(3.) In the claim proceeding, it was contended by the claimants that deceased was carrying on coconut business and was earning a sum of Rs.8,000/- p.m., out of that major portion was spent for the family. However, there are no documents available on record to show the nature of business and income of deceased. However, the tribunal considering his notional income at Rs.5,000/- p.m., and age as 45 years believing the evidence of PW.1, who is maternal uncle of claimants 1 to 3 and by applying multiplier of 14 proceeded to award compensation in a sum of Rs.6,30,000/- towards loss of dependency and another sum of Rs.20,000/- under conventional heads.