The appellant No.1 filed a claim petition under the Motor Vehicles Act, 1988 in short the Act in the Court of First Additional District Judge and A.C.T. Dharwad in short the Tribunal claiming companypensation.
In support of the appeal, learned companynsel for the appellants submitted that two points fall for adjudication.
Firstly, whether the deduction of half of the monthly income for personal expenditure is justified, and secondly whether the award of 6 interest per annum is justified.
Appellants were the parents of one Yallappa Angadi hereinafter referred to as deceased who died in a vehicular accident.
A total sum of Rupees two lakhs with 6 interest per annum from the date of application was awarded as companypensation.
An appeal was preferred by the claimants under Section 173 of the Act praying for an increase of the companypensation.
Though the respondents have been served numberice, only companynter affidavit has been filed by respondent No.2 Oriental Insurance Co. Ltd. hereinafter referred to as the insurer .
It accepted that the deceased was getting Rs.2000/ p.m. On that basis to work out loss of dependency multiplier of 18 was adopted after deducting 50 of the income for personal expenses.
22032/2002 ARIJIT PASAYAT,J Leave granted.
Arising out of SLP C No.
The Tribunal numbericed that the deceased was aged 27 years at the time of accident.
In the Claim Petition the appellant No.2 herein, i.e. the mother of the deceased was added as a formal party respondent No.5.
