1: I. IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD Dated this the 24 th day of November 2011 Before ThE HON’BLE MR.JUSTICE H.N.NAGAMOHAN DAS Miscellaneous First Aooeal No.25427/2010 (MV) BETWEEN: 1. Pampanna, Sb Ningappa, Kesaratti, Age: 19 years, 0cc: Agril., Now R/o Mylapur, Tq: Gangavathi, Now residing at B.T.PatiI Nagar, Koppal. 2. Vishalaxamma, D/o Ningappa, Kesaratti, Age: 20 years, 0cc: Agril., Now Rio Mylapur, Tq: Gangavathi, Now residing at B.T.Patil Nagar. Koppal. . . .Appellants (By Sri. Chandrahshekar P.Patil, Advocate) AND: 1. The Manager, United India Insurance Co. Ltd., Sanman Tourist Complex, Islampur, Gangavati, Dist: Koppal. 2. Sri N.Srlnlvas (wrongly typed as N.Drinivas) Age: 43 years, 0cc: Owner of the :2: Tractor No.KA-371T-5934 and Trailor No.KA-37/T-5934, R/o Karatagi, Tq & Dist: Koppal. Respondents (By Sri. S.C.Jainar, Advocate for RI) (R2 — notice dispensed with) This miscellaneous first appeal is filed under Section 173(1) of the Motor Vehicles Act against the judgment and award dated 31.07.2010 passed in MVC No.250/2009 on the file of the Presiding Officer, Fast Track Court-Il, Koppal, partly allowing the claim petition for compensation and seeking enhancement of compensation. This appeal coming on for orders this day, the court delivered the following: JUDGMENT This appeal is directed against the judgment and award dated 31 M July 2010 in M.V.C.No.25012009 passed by the Fast Track Court-Il at Koppal. 2. In the motor accident on 05.02.2009, the father of the appellants by name Ningappa died. On the date of the accident, the deceased was aged 60 years and the proper multiplier is 9. The appellants are son and daughter of the deceased. Both the appellants are unemployed and both of r 3: I. them are unmarried and they have no independent source of income. Therefore, the Tribunal rightly deducted 50% of the earnings of the deceased towards his personal expenses. The accident had taken place in the year 2009. According to the appellants, the deceased was an agriculturist. Therefore, a minimum of ?4,5001- is to be taken as monthly income of the deceased. Hence, under the head ‘loss of dependency’, the appellants are entitled for compensation as under: ?2,250 x 12 x 9 = 2.43,000I-. 4. Under the conventional heads. appellants are entitled for ?35,000l-. Therefore, the appellants are entitled for total compensation of !2.78,000/-. To this extent, the impugned award requires modification. 5. Accordingly, the following order is passed: ORDER i) The appeal is hereby partly allowed. 4 ii) The impugned judgment and award dated 31072010 dated in MVCNo25O/20O9 passed by the Fast Track Courtil, Koppal, is hereby modified enhancing the total cornensation from f 1 ,49,000/ to 278000’ iii) Remaining all other as cots, the impugned award remains intact and undisturbed, ‘1 1 RIDGE Kms