BHAGYALAKSHMI Vs. MURUGESH N

JUDGEMENT

(1.) The judgment and award dated 30.6.2011 passed by the Senior Civil Judge and Motor Accidents Claims Tribunal, Kollegala in MVC No.36/2008 is called in question in this appeal by the claimants seeking enhancement of compensation.

(2.) The deceased was aged about 23 years, at the time of his death; he died in the accident that occurred on 9.1.2008 leaving behind the appellants as his legal representatives. Appellant No.1 is the mother and appellant No.2 is the unmarried sister of the deceased. Appellant No.1 was aged about 45 years and appellant No.2 was about 21 years. Admittedly, appellant No.2 was unmarried sister of the deceased. The Tribunal by taking into consideration the age of the first appellant, arrived at the conclusion that appropriate multiplier to be adopted is '14'. It has also concluded that the income of the deceased is based on the work turned out by him. Based on the said facts and figures, the Tribunal has awarded total compensation of Rs. 6,97,000/- with interest thereon at the rate of 6% per annum.

(3.) Having heard the learned Advocates and after perusing the records, we find that the compensation needs to be enhanced to certain extent.