IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD Dated this the 28th day of November 2011 Before THE HON’BLE MR.JUSTICE H.N.NAGAMOHAN DAS Miscellaneous First Appeal No.23994 2009(MV) BETWEEN: NIRMALA W/O YALLAPPA BARKI AGE 26 YEARS. OCC:HOSEHOLD WORK R/O YARAGATI’I, TAL:SAUNDATTI-591 126 2. KUMARI. PREETI D.O YALLAPPA BARKI AGE 8 YEARS, 3. KUMARI SPURTI D/O YALLAPPA BARKI AGE 6 YEARS, 4. KUMAR SHASHIKANT S/O YALLAPPA BARKI AGE 4 YEARS. SINCE MINORS REP. BY PETITIONER NO.1 NATURAL MOTHER PETITIONER NO.1 .2: 5. SMT. NINGAWWA W/O SHIDDAPPA BARKI AGE 61 YEARS. OCC:KOL’SEHOLD WORK R’O YARAGAfli, TAL:SAUNDATT1-591 126 APPELLANTS (By Sri: MADANMOFTAN Xl KHANNUR. ADV.) ‘Vt fla”bL) I SRI.NAGESH S’O BASAVANNEPA MARIHAL AGE MAJOR, (CORRECT AGE NOT KNOWN) OCC:BUS1NESS, RO NANDEMMA NAGAR, BAILHONGAL, BAILHONG&L-591 102 (OWNER OF THE VEHICLE BEARING NO. KA 24 M 484) 2. THE DIVISIONAL MANAGER ORIENTAL INSUR 4NCE COMPANY LTD IIND FLOOR, MADIWALE ARCADE CLUB ROAD BELGATJM-58001 6 RESPONDENTS (By Sri.A.G.JADHAV, ADV. FOR R2 Ri SERVED) MFA FILED U/S 173(1) OF MV ACT. 1988, AGAINST THE JUDGMENT AND AWARD DATED: 30-10-2009 PASSED IN MVC NO.3004/2008 ON THE FILE OF THE ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILIIONGAL, PRESIDING OFFICER, FAST TRACK COURT, BAILHONGAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 3: This appeal coming on for admission this day, the court delivered the following: JUDGMENT Appellants are before this court calling in question the award dated 30.10.2009 in MVC No.3004 2008 passed by MACT at Bailhongal. 2. The grievance of the appellants is inadequacy of compensation awarded by the Tribunal. In a motor accident on 19.10.2008, Yellappa Barki died. The first appellant is the wife, appellants 2 to 4 are the minor children and appellant no.5 is the mother of deceased. On the date of the accident, the deceased was aged about 28 years and the Tribunal committed a mistake in applying 16 multiplier instead of 17. On the date of accident. the deceased was working as Cook in a private hotel. Even on a conservative estimation, the income of the deceased is to be taken at Rs.4,000/- p.m. The tribunal has rightly deducted ¼ of the income towards personal expenses. In the circumstances, the appellants are entitled for compensation under the head loss of dependency as under: Rs.3000x12x 17=6,12,000/- 3. Under conventional heads, the appellants are entitled for a minimum of Rs.35,000i-. In all the appellants are entitled for Rs.6,47,000I-. Accordingly. the following: ORDER i) Appeal is partly allowed. ii) The impugned judgment and award in M. V.C.No.3004.2008 dated 30.10.2009 is hereby modified enhancing the total compensation from Rs.4,72,000/- to Rs.6,47.000/-. I)kb C. iii Remaining aP nthcr apets h rnpugnrd ted remains man and undistu bc.d