PADMA AND OTHERS Vs. MOHAMMED USMAN AND OTHERS

JUDGEMENT

(1.) The first appeal is filed by the claimants challenging the judgment and award dated 10.12.2012 passed in MVC No.2774/2012 on the file of the XI Addl. Judge & MACT, Court of Small Causes (SCCH-12), Bangalore City for enhancement of compensation.

(2.) By the impugned judgment and award, the Tribunal has granted total compensation of Rs.5,32,295/- with interest at 6% per annum from the date of the petition till the date of realisation.

(3.) Learned Counsel for the claimants contends that deceased was aged about 21 years, was a driver by avocation and earning Rs.10,000/- per month. The claimants are mother and blind sister who were depending on the income of the deceased. He was the only bread winner of the family. Though the income of the deceased is proved by producing Exs.P.11 and P.14, which are original driving license and notarized copy of RC book and examining the employer of the deceased as PW.2, the tribunal has assessed the monthly income only at Rs.5,000/- p.m. He further submits that tribunal has erred in not awarding reasonable compensation towards loss of dependency, love and affection and loss of estate. The compensation awarded on the above said heads are on the lower side and seeks for enhancement of compensation by modifying the judgment and award of the tribunal.