Huluvadi G. Ramesh, J.@mdashMisc. Cvl. 12861/2011 is filed for condoning the delay of 437 days in preferring the appeal. Delay of 437 days is condoned subject to the condition the claimants will not be entitled for interest on the enhanced amount, for the delay period. Misc. Cvl. 12861/2011 is allowed.
2. This appeal is by the claimants for enhancement of compensation against the judgment and award dated 1.12.2009 passed in MVC No. 145/2008 by the Presiding Officer, Fast Track Court-V & Member, Addl. MACT, Mysore.
3. The claimants are the wife and children of deceased Cheluvaraju. The deceased was travelling as a pillion rider on a TVS XL moped bearing Reg. No. KA 45 H 3846 along with his brother, who was the rider to go to Chennalkaval from Sathyagala ''B'' Kaval. At about 1.15 a.m. near Thatanahalli Cross of Pariyapatna, a bus bearing Reg. No. KA 01 C 4412 came from Hunsur side in a rash and negligent manner and dashed against the said moped. The deceased sustained grievous injuries and succumbed to the injuries on the spot. In the claim petition filed, on the matter being contested by the Insurer, the Tribunal framed relevant issues for consideration and after enquiry, held that the accident occurred due to the negligence on the part of the driver of the Bus in question and awarded total compensation of Rs. 5,14,000/- with interest @ 6% p.a.
Being not satisfied, the claimants are in appeal before this Court.
4. Heard the learned counsel appearing for the parties.
5. Having regard to the fact that the family has lost the bread winner, taking the income of the deceased around Rs. 4,000/-, after deducting 1/4th, the claimants would be entitled for Rs. 5,76,000 towards loss of dependency and Rs. 45,000/- towards conventional heads. In all, the claimants are entitled for Rs. 6,21,000/- in modification of the award passed by the Tribunal, with interest @ 6% p.a. from the date of petition till the date of deposit, excluding interest for the delay period.
The appeal is allowed in part. Respondent � Insurer to deposit the amount within three months.
