PARVATHAMMA Vs. CHANDRAKALA R.

JUDGEMENT

(1.) This appeal by the claimant is directed against the judgment and award in MVC No. 327/2009, dated 20.01.2011 on the file of the Addl. Senior Civil Judge & CJM and MACT, Mandya, whereby the Tribunal has awarded total compensation of Rs. 3,82,000/- with interest at 6% per annum from the date of the petition till the date of deposit. The appellant/claimant is the mother of one Mahesha. Mahesha had died in a motor vehicle accident occurred on 21.9.2008. Therefore, his mother filed the claim petition seeking compensation. According to the claimant, the deceased was working in a Printing Press and earning Rs. 8,000/- per month. However, the Tribunal has taken his income at Rs. 4,000/- per month. After deducting 50% of the income towards his personal expenses and by applying multiplier 13, since the age of his mother was 49 years at the relevant point of time, a sum of Rs. 3,12,000/- was awarded towards loss of dependency.

(2.) Learned counsel for the appellant would contend that the deceased was working in a Printing Press and earning Rs. 8,000/- per month. The owner of the Printing Press was examined as PW 2. In his evidence, he has categorically stated that the deceased was earning Rs. 8000/- per month.

(3.) On the other hand, learned counsel appearing for the respondent-Insurance Company has sought to justify the impugned judgment and award.