NEW INDIA ASSURANCE CO LIMITED Vs. R UMADEVI

JUDGEMENT

(1.) THESE two appeals arise out of the same impugned Judgment and Award dated 30/3/2005 passed in MVC No.4417/2003 on the file of Motor Accidents Claims Tribunal-V, Court of Small Causes, Bangalore City [hereinafter referred to as 'Tribunal' for short].

(2.) THE Tribunal by its impugned Judgment and Award, awarded a sum of Rs. 22,08,016.00 with interest at 6% p.a. from the date of petition till the date of deposit on account of the death of one L. Krishnappa in a road traffic accident as against Rs. 60,00,000.00 claimed by the claimants. THE Insurer has presented MFA 6596/2005, contending that the quantum of compensation is dis-proportionate and is liable to be reduced substantially by modifying the impugned Judgment and Award passed by the Tribunal. Whereas, the Claimants contending that, the quantum of compensation awarded is inadequate and it requires enhancement, have presented M.F.A. No.8279/2005.

(3.) THE principal submission canvassed by the learned Counsel appearing for the Insurer at the outset is that, the Tribunal has committed & grave error much less material irregularity resulting in mis-carriage of justice in determining a just and reasonable entitlement, by taking the salary of the deceased without deducting the benefits availed by him towards conveyance allowance, magazine allowance and shift allowance and professional tax. THErefore, he submitted that, after deducting all those additional benefits, the income of the deceased may be re-assessed and just and reasonable compensation may be awarded to wards 'Loss of Dependency' and also under conventional heads by modifying the impugned Judgment and Award passed by the Tribunal.