JUDGMENT : Though the matter is posted for Orders, it is taken up for hearing. 2. Heard the learned counsel for appellants and respondent No.2/Insurance Company. 3. This appeal is preferred against the Judgment and award dated: 18-11-2011 passed by Prl. Senior Civil Judge & MACT No.II at Bidar in M.V.C No.32/2010 awarding compensation of Rs.4,83,000/- with interest at the rate of 6% per annum to the claimants/appellants. 4. The claimants/appellants have stated in the claim petition before the Tribunal that, the deceased Yousuf /husband of claimant No.1 and son to claimant Nos.2 & 3 met with motor vehicle accident on 10-05-2010, at 9.15 p.m., on Bidar-Mannaekheli road at Chatnalli cross, due to user of Lorry bearing Reg. No.AP-12/U-2214, being driven by the driver of the said vehicle in a rash and negligent manner. The Bagdal police have registered a case in Crime No.84/2010 against the driver of the said vehicle. The claimants have stated that, the deceased was hale and healthy and working as a Milk vendor and coolie and earning Rs.8,000/-per month. Due to untimely death, they have lost their dependency. Therefore they have claimed compensation of Rs.17,80,000/-. 5. Respondent No.1 though appeared before the Tribunal, did not file any written statement. Respondent No.2 appeared and filed written statement and contested the matter. It was contended that, the compensation claimed by the claimants is on the higher side. The liability of the insurer is subject to the terms and conditions of the policy and also the driver holding valid and effective driving license. There is violation of Policy condition and the Driver or claimants have not produce any necessary documents of vehicle in question, permission U/Sec.170 of M.V.Act is sought for. On these grounds it is prayed to dismiss the petition. 6. The Tribunal on the basis of the pleadings framed the Issues. 7. The claimant No.1 was examined as PW.1 and got marked documents Ex.P.1 to Ex.P.5. The respondent No.2-company has not produced any documents nor produced any oral evidence. 8. The Tribunal after hearing both the sides passed the impugned Judgment by awarding compensation of Rs.4,83,000/-with interest at the rate of 6% per annum from the date of petition till realization. 9. The claimant No.1 was examined as PW.1 and got marked documents Ex.P.1 to Ex.P.5. The respondent No.2-company has not produced any documents nor produced any oral evidence. 8. The Tribunal after hearing both the sides passed the impugned Judgment by awarding compensation of Rs.4,83,000/-with interest at the rate of 6% per annum from the date of petition till realization. 9. The learned counsel appearing for claimants/appellants submits before this court that, the income of the deceased taken at Rs.3,500/-per month is on the lower side and that the Tribunal ought to have taken the income of the deceased at Rs.8,000/-per month. 10. Per contra, the learned counsel appearing for respondent No.2 supports the impugned Judgment and award passed by the Tribunal and submits that, the Tribunal has properly assessed the income of the deceased. 11. It is seen that, the Tribunal has considered the income of the deceased at Rs.3,500/-per month on the ground that, the claimants have not produced any document to prove the income of the deceased. The claimants have contended before the Tribunal that, the deceased was earning Rs.5,000/- per month by doing milk vending business and Rs.3,000/- by doing coolie work. However no supporting evidence was produced. Admittedly the accident in question and the death of the deceased has taken place in the year 2010. Considering the cost of living during the said period and also the fact that, the claimants were the dependents of the deceased, it is just and necessary to take the income of the deceased at Rs.5,500/- per month in order to compute the loss of dependency. Accordingly the loss of dependency comes to Rs.5,500/-X 12 X 16 X 2/3rd has to be deducted, which comes to Rs.7,04,000/-. The compensation awarded on other heads are not much disputed. Therefore taking the income of the deceased at the rate of Rs.5,500/- per month, the loss of dependency would come to Rs.7,04,000/-. Thus an amount of Rs.7,04,000/-is awarded towards loss of dependency. The Tribunal has awarded compensation of Rs.4,48,000/-towards loss of dependency. Rs.7,04,000/-minus Rs.4,48,000/- = Rs.2,56,000/-. Hence an amount of Rs.2,56,000/-is enhanced compensation towards loss of dependency. Thus the claimants/appellants are entitled for total compensation as under: (1) Medical expenses, Transportation Of dead body and funeral expenses Rs.15,000/- (2) Loss of Love and affection Rs.10,000/- (3) Loss of consortium Rs.10,000/- (4) Loss of Dependency Rs.7,04,000/- Total Rs.7,39,000/- 12. Rs.7,04,000/-minus Rs.4,48,000/- = Rs.2,56,000/-. Hence an amount of Rs.2,56,000/-is enhanced compensation towards loss of dependency. Thus the claimants/appellants are entitled for total compensation as under: (1) Medical expenses, Transportation Of dead body and funeral expenses Rs.15,000/- (2) Loss of Love and affection Rs.10,000/- (3) Loss of consortium Rs.10,000/- (4) Loss of Dependency Rs.7,04,000/- Total Rs.7,39,000/- 12. Thus, the claimants are entitled for a total compensation of Rs.7,39,000/- with interest at the rate of 6% per annum from the date of petition till realization. Now the claimants are entitled for enhanced compensation of Rs.2,56,000/-. Accordingly I proceed to pass the following: ORDER Appeal is allowed in part. The Judgement and Award passed in MVC No.32/2010 dated: 18-11-2011 is modified. The claimants are entitled for enhanced compensation of Rs.2,56,000/- with interest @ 6% p.a. from the date of petition till realization. The order regarding apportionment, deposit and payment remain unaltered. The insurer respondent No.2 is directed to pay the enhanced compensation amount with interest within two months from today.