ORDER 1. Delay condoned. 2. Application (I.A. No. 68263 of 2019) seeking deletion of the name of the petitioner no.1 is allowed since, she is stated to have expired on 16.06.2018 and legal representatives are already on record. 3. Leave granted. 4. The appellants are before this Court, seeking enhancement of the compensation as against the sum awarded by the High Court of Karnataka at Bengaluru through its judgment dated 6.10.2017. 5. Heard the learned counsel for the parties and perused the appeal papers. 6. The issue relating to the accident having occurred on 28.10.2009 and the son of the original first claimant who was the brother of the remaining claimants, had expired in the said accident, is not in dispute. 7. The Motor Accidents Claims Tribunal (for short 'MACT') at the first instance, having considered this aspect, had through its award dated 25.06.2011, awarded a sum of Rs.3,35,000/-(Rupees Three Lakhs Thirty Five Thousand Only) with interest at 6% per annum towards compensation. 8. The High Court had enhanced the said compensation to Rs. 12,61,000/- (Rupees Twelve Lakhs Sixty One Thousand Only) through its judgment dated 26.10.2017. However, while awarding the said enhanced compensation, the High Court had arrived at a conclusion that the deceased was negligent while driving his two wheeler to the extent of 25% and as such, only a sum of Rs. 11,97,000/- (Rupees Eleven Lakhs Ninety Seven Thousand Only) was granted after deducting the sum equivalent to the said negligence of 25% on the part of the deceased. 9. The income of the deceased to determine loss of dependency has been taken by the MACT at Rs. 17,400/- (Rupees Seventeen Thousand Four Hundred Only) per month as per the document- authorisation letter, which was placed on record before the MACT after deducting 50% towards the personal expenses of the deceased since he was a bachelor. The sister and brother, who were also unmarried were dependant on joint income. 10. From the Judgment, it is seen that though, the deceased was employed as S.D.C. at Janatha Co-operative Bank, Basaveshwaranagar Branch, Bangalore and had a steady income, no amount towards future prospect has been awarded. In that view, it would be appropriate to add 50% of the said amount of Rs. 17,400/- (Rupees Seventeen Thousand Four Hundred Only), that was reckoned. It will therefore, amount to Rs. 26,100/-(Rupees Twenty Six Thousand One Hundred Only). 11. In that view, it would be appropriate to add 50% of the said amount of Rs. 17,400/- (Rupees Seventeen Thousand Four Hundred Only), that was reckoned. It will therefore, amount to Rs. 26,100/-(Rupees Twenty Six Thousand One Hundred Only). 11. The said amount, on being multiplied with the multiplier of 15' and the annual loss of dependency would be in a sum of Rs. 46,98,000/- (Rupees Forty Six Lakhs Ninety Eight Thousand Only). 12. The amount awarded by the High Court towards the conventional heads in on the lower side and accordingly, a sum of Rs. 70,000/- (Rupees Seventy Thousand Only) is awarded. Hence, the total compensation shall be Rs. 47,68,000/- (Rupees Forty Seven Lakhs Sixty Eight Thousand Only). 13. The next aspect, which arises for consideration is as to whether from the compensation derived, 25% is to be deducted towards contributory negligence or not. On this aspect, it is to be noted that the MACT, having adverted to the evidence available on record, has not attributed any negligence to the deceased but to the opposite vehicle. The High Court, however, taking note of the sketch, without reference to any other evidence and only due to the reason that the opposite vehicle (Scorpio) was proceeding on the main road and the two-wheeler was entering the main road from the cross road, has made an assumption that there was negligence on the part of the deceased while entering the main road, which is not justified since, it is without reference to the other evidence on that aspect. 14. Accordingly, the finding to that extent by the High Court, is set aside. 15. The claimants, therefore, would be entitled to the entire compensation of Rs. 47,68,000/- (Rupees Forty Seven Lakhs Sixty Eight Thousand Only) with interest at 6% per annum from the date of the claim petition. The enhanced amount after deducting the amount already paid, shall be deposited by the Insurance Company before the MACT within a period of eight weeks from the date of the receipt of a copy of this Order. On deposit, the said amount shall be disbursed to the appellants in equal proportions. 16. The appeal is allowed in the aforestated terms. 17. Pending application(s), if any, shall stand disposed of.