DEVARASAIAH AND ORS. Vs. PASHA AND ORS.

JUDGEMENT

(1.) This appeal is directed against the quantum of compensation awarded in MVC No. 59/2005 on the file of the MACT and Senior Civil Judge, Nanjangud, whereby the Tribunal awarded a total compensation of Rs. 1,54,000/ - with interest at 6% per annum from the date of petition till realization for the death of 14 years boy in a motor vehicle accident by a judgment and award dated 28.05.2008.

(2.) On 14.08.2005, deceased -Prakash, a boy aged about 14 years was proceeding on a bicycle from Nanjangud towards T. Narasipur. At about 12.15 p.m. a lorry bearing registration No. KA -08 -599 came from behind and dashed against the bicycle which the deceased was riding. As a result, the deceased fell down and sustained grievous injuries and died while undergoing treatment.

(3.) His parents filed a claim petition under Sec. 166 of the M.V. Act in MVC No. 59/2005 claiming compensation from the owner and insurer of the lorry. It was opposed by the insurer of the lorry. The Tribunal on appreciation of evidence and by taking notional income at Rs. 15,000/ - per annum, deducted 1/3rd towards personal expenses of the deceased and by applying '15' multiplier, determined loss of dependency at Rs. 1,50,000/ -. In addition to that, the Tribunal awarded a sum of Rs. 3,000/ - towards funeral expenses and Rs. 1,000/ - towards transportation of the dead body. Thus, the Tribunal awarded a total compensation of Rs. 1,54,000/ - with 6% interest from the date of petition till realization by the impugned judgment and award. Dissatisfied with the quantum of compensation awarded by the Tribunal, this appeal is preferred by the claimants.