BAGHIRATHI JOGI AND OTHERS Vs. PRAKASH AND ANOTHER

JUDGEMENT

(1.) This appeal by the claimants seeking enhancement of compensation for the accidental death of the deceased-Venkataramana Jogi on 7-5-2014, who was aged about 70 years while he was standing on the road side, at that time a Mahendra Max Pickup bearing Registration No. KA-20-B-1264 driven by its driver in a very rash and negligent manner. Considering the case of the appellant-claimants, the Tribunal has awarded a compensation of Rs. 2,45,000/- with interest at 6% per annum from the date of interest till the date of realization. Challenging the same, the appellants herein are before this Court seeking enhancement of the compensation awarded by the Tribunal.

(2.) Learned counsel for the appellants contends that the monthly income assessed by the Tribunal is on lower side though the claimants have not placed sufficient material before the Tribunal showing that the deceased was doing bangle business and earning Rs. 10,000/- per month, it has taken only Rs. 5,000/- per month for the purpose of calculating loss of dependency. Therefore, he submits that compensation under this head needs to be modified and he submits that the compensation awarded under other conventional heads is also on lower side and they may be enhanced by modifying the compensation. He requests to allow this appeal.

(3.) Per contra learned counsel for the second respondent-insurer supports the order of the Tribunal and submits to dismiss this appeal.