SHASIKALA Vs. MOHAMMED ARIF

JUDGEMENT

(1.) This appeal is filed by the claimants challenging the judgment and award passed in M.V.C.No.819/2015 dtd. 8/2/2017 on the file of the Senior Civil Judge and MACT, Maddur, questioning the quantum of compensation contending that the compensation awarded by the Tribunal is meager.

(2.) The factual matrix of the case is that the deceased K.P.Puttaswamy was crossing NH-4 service road from Vijaya Bank side at Dasarahalli, Bengaluru. At that time, a bus bearing registration No.KA-51-C-1337 driven by its driver dashed against him. As a result, he sustained injuries and succumbed to the injuries. The respondent/insurer did not dispute the accident and the present appeal is filed only with regard to quantum of compensation.

(3.) The contention of the learned counsel for the appellants is that the Tribunal has committed an error in taking the income as Rs.6,000.00 per month and he was earning Rs.16,000.00 per month working as an employee in Malnad Ice Creams. The claimants to prove the same, have produced the salary certificate, but they have not examined the author of the document. Hence, the Tribunal did not believe the same and took the notional income as Rs.6,000.00 per month.