BHAGIRATHI AND OTHERS Vs. RAHUL AND ANOTHER

JUDGEMENT

(1.) This appeal is filed under Sec. 173(1) of the Motor Vehicles Act, 1988, seeking enhancement of compensation awarded by the Principal Senior Civil Judge and Motor Accident Claims Tribunal, Belgaum (hereinafter referred to as 'the Tribunal' for short), by its judgment and award dated 10-10-2011 in M.V.C. No. 1001 of 2010.

(2.) The appellants/claimants, in their memorandum of appeal has taken contention that the Tribunal below wrongly considered the age of the deceased and applied a smaller multiplier. It further erred in deducting the family pension out of the loss of dependency, which is contrary to the law. The compensation awarded towards loss of consortium and loss of love and affection is also very less. With this, they have prayed for modification of the judgment and award under appeal by enhancing the compensation awarded therein.

(3.) On notice being issued, respondent 2 is represented by its Standing Counsel. Notice to respondent No. 1 is dispensed with at the request of the appellants. The records of the Tribunal below were called for and the same are placed before us.