JUDGMENT : 1. MFA No.10318/2008 is filed by the Insurance Company seeking to set aside the judgment and award passed in MVC No.78/2004 on the file of the Principal Civil Judge (Sr. Dn.), MACT, Hassan and MFA No.7229/2008 is by the claimants seeking enhancement of compensation. 2. The incident that gave rise to initiation of proceedings is that on 24.06.2003, in the morning at 7.30 a.m. at Hassan Salalgame Road, Devarakoppal, Nanjegowda wanted to transport vegetables and loaded to vehicle bearing registration No.KA 13 7165 mini goods lorry 407. On the way the driver lost control because of rash and negligent driving and the vehicle fell, because of which Nanjegowda sustained serious injuries and was treated in Sanjeevini Government Hospital, Bhagawan Mahaveer Jain Hospital, Bengaluru and Mangala Nursing Home, Hassan but he did not recover and succumbed to injuries. 3. The Insurance Company, on entering appearance, disputed the claim for compensation. The contention raised by the Insurance Company is that the said Nanjegowda was an unauthorized passenger and the dependants are not entitled for compensation. His further submission is that there was nexus between the injury sustained and the cause of death. However, it was submitted that the post mortem was conducted on the dead body of Nanjegowda. 4. The learned Member considered the entire matter on the oral evidence of PWs1, 2 and 3, the documentary evidence Exs.P1 to P122, the oral evidence of respondents RW1 and RW2 and documentary evidence Exs.R1 and R2. 5. In the above context and circumstances, the claim is that said Nanjegowda had gone to sell vegetables. However, the same is denied by the Insurance Company. 6. Learned counsel Sri. Pradeep Kumar would submit that the said Nanjegowda was not an authorized passenger. 7. In the context and circumstances, it is seen that except denial and ascertaining it in the oral evidence, no independent material worth reliable are placed. Thus, I am of the finding that the special plea is not discharged by the Insurance Company. 8. Insofar as the pattern of compensation is concerned, it is assessed by the learned Member as under: 1. Loss of dependency Rs. 2,40,000/- 2. Cremation charges Rs.5,000/- 3. Loss of love and affection Rs.20,000/- 4. Loss of maintaining family property Rs.10,000/- 5. Loss of future prospects Rs.10,000/- 6. Medical expenses Rs.1,32,000/- TOTAL Rs. 4,17,000/- 9. The monthly income is considered at Rs. Loss of dependency Rs. 2,40,000/- 2. Cremation charges Rs.5,000/- 3. Loss of love and affection Rs.20,000/- 4. Loss of maintaining family property Rs.10,000/- 5. Loss of future prospects Rs.10,000/- 6. Medical expenses Rs.1,32,000/- TOTAL Rs. 4,17,000/- 9. The monthly income is considered at Rs. 3,000/- p.m. The accident is of the year 2003. However, considering the total income assessed at Rs. 3,000/- p.m., there should have been hike of 10% towards future prospects which would be Rs. 3,300/p.m. 1/3rd of the total income be reduced towards personal expenses which would come to Rs. 3,300 – Rs. 1,100 = Rs. 2,200/-. In such an event, the compensation towards loss of dependency would be: Rs. 2200 x 12 x 9 = Rs. 2,37,600/-. Further, a sum of Rs. 70,000/- is awarded towards conventional heads. 10. Further, Nanjegowda is said to have been admitted to hospitals and medical expenses of Rs. 1,32,000/- is claimed. The learned Member has considered the same. In the context and circumstances of the case, an amount of Rs. 1,32,000/- granted towards medical expenses by the learned Member is just and proper. Thus, the claimants are entitled to total compensation of Rs. 4,39,600/- and enhanced compensation of Rs. 22,600/-. 11. The contention of the Insurance Company is that Nanjegowda was not carrying goods. On the other hand, he was traveling as gratuitous passenger. As observed above, no worth independent material is placed before the Court for perusal in support of the contention of the equivalent circumstances. 12. Thus, MFA No.10318/2008 filed by the Insurance Company is dismissed and MFA No.7229/2008 filed by the claimants is partly allowed. The claimants are entitled to the enhanced compensation with interest @ 6% p.a. from the date of petition till its realization. The judgment and award passed by the Tribunal in the claim petition is set aside and modified to the extent mentioned herein above. 13. The Insurance Company is directed to deposit the compensation amount within four weeks from the date of receipt of copy of this judgment. Amount in deposit be transmitted to the Tribunal forthwith.