BALAGOLLA GANGAMMA Vs. SESHADRI M

JUDGEMENT

(1.) This appeal is filed by the appellant claimants challenging the judgment and award dated 18.08.2014 passed by the XIX Addl. Senior Civil Judge, MACT & XLI ACMM, Bangalore City (SCCH:17) allowing M.V.C No.3730/2013, whereby a compensation has been awarded in a sum of Rs.4,70,000/- with interest at the rate of 6% from the date of petition till the date of deposit.

(2.) The brief facts stated are:

(3.) Learned counsel for the appellants submits that at the time of the accident, the deceased was aged about 24 years. He was working as a cleaner and earning Rs.12,000/- per month. The Tribunal has taken notional income of the deceased as only Rs.5,000/- per month. Even as per chart prepared by the Lok Adalat, for the accident of the year 2012, notional income has been fixed Rs.7,000/- per month. He further submitted that the Tribunal has taken multiplier of the age of the mother for calculation. In the judgment of the Hon'ble Apex Court in the case of Sarla Verma Vs. Delhi Transport Corporation, 2009 6 SCC 121, it has been held that the age of the deceased has to be taken for consideration of 'loss of dependency'. Thirdly, he has contended that the Tribunal is not justified in granting Rs.20,000/- towards love and affection. Hence, he seeks for enhancement of compensation.