B Sreenivase Gowda, J.This appeal by the appellant/claimant seeking enhancement of the compensation awarded by the Tribunal.

With the consent of both the learned counsel appearing for the parties, appeal is taken up for final disposal.

2. As there is no dispute regarding the death of Nanjundappa in a road traffic accident occurred on 25.10.2010 due to rash and negligent driving of a car bearing registration No. KA-04/MH-5238 by its driver and liability of the insurer of the said vehicle, the only point remains for consideration is;-

Whether compensation of Rs.4,02,567/- with interest of 6% per annum awarded by the Tribunal is just and reasonable and does it call for enhancement

3. Sri. Jagadish P.R. for Smt. Suguna R. Reddy, learned counsel appearing for the appellant submits that despite producing the RTC extracts at Ex.P-11 and passbook at Ex.P-12 issued by the Department of Sericulture and substantianing that the deceased by doing agriculture and sericulture work was earning more than Rs.3,00,000/- to Rs.4,00,000/- per annum, the Tribunal has committed an error in assessing the income of the deceased at Rs.4,000/- per month and awarding a meager compensation towards loss of dependency. He further submits that even compensation awarded under conventional head also is on the lower side. Therefore, he prays for allowing the appeal by enhancing the compensation awarded by the Tribunal.

4. Sri. M. Shivamurthy, learned counsel appearing for respondent No.1 and Sri. Ravi S. Samprathi, learned counsel appearing for respondent No.2/insurer of the offending vehicle jointly submit that the compensation awarded by the Tribunal is just and reasonable and there is no scope for enhancement and they pray for dismissal of the appeal.

5. Claimants in support of their contention that deceased by doing agriculture and sericulture was earning Rs.3.00 lakhs to Rs.4.00 lakhs per annum have produced RTC extract at Ex.P-11 and passbook issued by the Sericulture Department at Ex.P-12. A perusal of the RTC extract produced at Ex.P-11 would show that the deceased was owning the land at Thambihalli Village in Huthur Hobli, Kolar Taluk and it was cultivated by the deceased personally. A perusal of Ex.P-12 a passbook issued by the Sericulture Department would show that the deceased was supplying cocoons to the sericulture market. Therefore, considering the age of the deceased as 55 years, the year of accident as later part of 2010 and avocation as agriculturist and sericulturist, his income could be easily assessed at Rs.6,000/- p.m. as against Rs.4,000/- p.m. assessed by the Tribunal. Multiplier applicable to the age group of the deceased is 11, as rightly applied by the Tribunal. The claimant is the wife of the deceased and therefore Tribunal has rightly deducted 1/3rd of the income of the deceased towards his personal expenses and has taken the remaining 2/3rd as his contribution towards family. So loss of dependency would work out to (Rs.6,000x2/3x12x11) =Rs.5,28,000/- and it is awarded as against Rs.3,52,000/- awarded by the Tribunal under the head of loss of dependency. Claimant has produced medical bills for Rs.10,523/- for having spent the said amount towards medicine and treatment of the deceased, therefore, a sum of Rs.15,000/- is awarded towards medical and incidental expenses. A sum of Rs.70,000/- is awarded under conventional heads, such as loss of consortium, loss of estate and funeral expenses. Thus, claimant is entitled to following compensation.

1. Loss of Dependency

Rs.5,28,000/-

2. Medical and incidental Expenses

Rs.15,000/-

3. Conventional Head

Rs.70,000/-

Rs.6,13,000/-

Less:compensation awarded by the Tribunal

Rs.4,02,567/-

Total

Rs.2,10,433/-

6. Thus, the appellant/claimant is entitled to an additional compensation of Rs.2,10,433/- with 6% interest per annum from the date of claim petition till the date of realization.

7. Accordingly, appeal is allowed in part. Judgment and award dated 18.11.2011 passed in MVC No.8409/2010, by MACT, Bangalore is modified as indicated above. Respondent/insurer is directed to deposit the additional compensation amount of Rs.2,10,433/- with interest at 6% per annum from the date of claim petition till the date of deposit within two months from the date of the receipt of certified copy of this order, failing which, appellant/claimant is entitled to recover it from the respondents jointly and severally.

8. From the additional compensation Rs.1,50,000/- with proportionate interest shall be invested in Fixed Deposit in the name of the claimant in any nationalized Bank for a period of five years with liberty to withdraw interest periodically and remaining amount is ordered to be released in favour of the claimant.

No order as to costs.