LAWS(KAR)-2020-9-647

SINDHU Vs. BASAVA KUMAR M

Decided On September 07, 2020
SINDHU Appellant
V/S
Basava Kumar M Respondents

JUDGEMENT

(1.) This appeal is filed by the claimants seeking enhancement of compensation challenging the judgment and award passed by the Motor Accident Claims Tribunal, Bengaluru (SCCH-8) dated 10.07.2014 in MVC No.930/2013, whereby the total compensation of Rs.7,52,000/- with interest at the rate of 6% per annum from the date of the claim petition till its realisation is awarded.

(2.) The brief facts leading to this appeal are as under:-

(3.) Learned counsel appearing for the claimants contended that the deceased was aged about 46 years at the time of the accident and was earning income of about Rs.30,000/- per month as a priest. Considering the nature of the work of the deceased, the Tribunal ought to have determined the monthly income at Rs.30,000/-. The notional income assessed by the Tribunal at Rs.6,000/- is arbitrary and unreasonable. It was argued that the Tribunal ought to have deducted 1/4th of the income towards personal and living expenses of the deceased. The total compensation awarded under the different conventional heads is abysmally low.