SMT YASHODA Vs. UNION OF INDIA

JUDGEMENT

(1.) Both these appeals are filed by the claimants challenging the judgment and award dated 30.4.2015 passed by the MACT, Court of Small Causes, Bengaluru in MVC 5727/2013 and MVC 5728/2013 respectively.

(2.) Brief facts of the case are that on 9.9.2013 at about 10.45 a.m., when the deceased Prakash and Anjankumar were proceeding on Honda Active bearing Registration No.KA-41-Y-2466 as rider and pillion rider near Doddabele Cross, Kengeri, Bangalore, at that time, a Military Truck bearing Registration No.KA-01- D-134782-X came in a rash and negligent manner and dashed against the Honda Activa. As a result, both of them fell down and succumbed to the injuries. Hence, the family members of the deceased filed respective claim petitions before the Tribunal. After appreciation of the evidence, the Tribunal granted compensation of Rs. 9,56,440.00 for death of Prakash in MVC 5727/2013 and Rs. 9,01,000.00 for the death of Anjankumar in MVC 5728/2013 with interest at 8% p.a. The claimants being aggrieved by the same, have preferred these appeals.

(3.) The learned counsel for the appellants-claimants submits that in both the cases the Tribunal while calculating the "loss of future income" has erred in applying the multiplier based on the age of the mother of the deceased instead of applying multiplier based on the age of the deceased. Therefore, he prays for allowing the appeals.