H K GURUSIDDAIAH Vs. H M SURESH

JUDGEMENT

(1.) Claimants in MVC 198/12 aggrieved by the quantum of compensation by common Judgment and award dated 5.10.2013 in MVC 198 and 199 of 2012 of the Principal District Judge and MACT, Chikmagalur, for short 'MACT', have presented this appeal for higher compensation.

(2.) In the accident that occurred on 17.3.2012, Smt.Renuka, aged 35 as on that date succumbed to grievous injury due to the rash and negligent driving of the bus belonging to the respondent-Corporation. The MACT returned a finding in the affirmative over the first issue attributing actionable negligence to the driver of the offending bus.

(3.) Although there was no material whatsoever to establish an independent source of income or avocation of the deceased as a tailor, wife of 1st claimant, mother of minor claimants 2 and 3, nevertheless the MACT reckoned Rs. 4500/- as the income of the deceased, deducted 1/3rd towards personal expenses, applied multiplier '16' to award Rs. 5,76,000/- towards loss of dependency, to which was added Rs. 10,000/- towards funeral and obsequies ceremonies; Rs. 10,000/- towards loss to estate; Rs. 10,000/- towards loss of consortium to the 1st claimant; and Rs. 10,000/- each towards loss of affection to claimants 2 and 3, totaling to Rs. 6,26,000/- with interest at 6% p.a. by the Judgment and award impugned.