MANAGER ORIENTAL INSURANCE CO. LTD. Vs. MANJUSHRI

JUDGEMENT

(1.) The appeal MFA No.200635/2015 is preferred by respondent No.2 in MVC No.512/2013 before the learned Fast Track Court Basavakalyan, Bidar district dated 08.01.2015. The cross objections MFA Crob.No.200036/2017 is filed by the claimants.

(2.) The Insurance Company which had insured Tata Sumo bearing registration No.MH-24/C-0593 is the appellant herein. On 22.05.2013 deceased Vivekanand Patil had parked his car near Bharat petrol bunk in Chincholikati village of Mohal taluka and he had gone to Baldawa petrol bunk by walk and after completing his work and while he was returning towards his car, a Tata Sumo bearing No.MH-24/C- 0593 came from Solapur side in a rash and negligent manner and dashed to deceased Vivekanand Patil and on account of serious injuries suffered by him, he died four days thereafter.

(3.) In this appeal, the Insurance Company has not disputed its liability. What is questioned before us is the quantum of compensation awarded by the Tribunal and in this connection learned counsel for the appellant submitted before us that the Tribunal has erred mainly on account of taking higher annual income of the deceased who was owning and running a petrol bunk. In support of the said submission, learned counsel further contended that the deceased who was running the petrol bunk had died in the month of May, 2013 and while submitting his income tax returns in the month of September, 2013, by using his digital signature a higher gross income was shown for claiming a greater amount of compensation. He further submitted that even for the preceding year of the accident a higher gross income was shown by the claimants by producing Income Tax returns without producing supporting documents.