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2004 Supreme(SC) 196

DORAISWAMY RAJU, ARIJIT PASAYAT
Fakeerappa – Appellant
Versus
Karnataka Cement Pipe Factorys – Respondent


JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. Appellants were the parents of one Yallappa Angadi (hereinafter referred to as deceased ) who died in a vehicular accident. 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 M.A.C.T. Dharwad (in short the Tribunal ) claiming compensation. 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. The Tribunal noticed that the deceased was aged 27 years at the time of accident. 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. A total sum of Rupees two lakhs with 6% interest per annum from the date of application was awarded as compensation.

3. An appeal was preferred by the claimants under Section 173 of the Act praying for an increase of the compensation. The High Court by the impugned judgment found no merit and dismissed the same.

4. In support of the appeal, learned counsel for the appellants submitted that two points fall for adjudic










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