MEERABAI W/O BALARAM TIWARI Vs. AMBRISH

JUDGEMENT

(1.) The appeal is by the claimants and Cross- Objection is filed by the Insurer against the judgment and award dated 11.08.2017 passed in MVC No.790/2014 by the learned III Addl. Senior Civil Judge and Member, MACT at Kalaburagi awarding a total compensation of Rs.31,35,000/- with interest at the rate of 6% p.a.

(2.) The appellants in the appeal are the parents of one Santosh, a Diploma Engineer, who met with an unfortunate motor vehicle accident while riding motorcycle bearing registration No.KA-28-L-4909 on 5.12.2012 on account of a Trax Toofan vehicle bearing registration No.KA-36/M-6279 coming from opposite direction in rash and negligent manner near Danibai Layout on Gulbarga-Sedam main road and dashing against his motorcycle resulting in his death on 6.12.2012 at about 5.00 a.m.

(3.) Learned counsel appearing for the claimants contended that deceased was a Diploma Engineer and he had worked in succession of companies with an upwardly mobile career and at the time of his death he was receiving a monthly remuneration of Rs.50,090/- per month with allowances. He submitted that the Tribunal has taken income of the deceased only at Rs.30,000/- per month which is on the lower side and therefore the claimants are entitled to enhancement of the award. It was also submitted that the Tribunal has grossly erred in not granting any compensation for loss of future prospects in life. It was further contended that towards love and affection only Rs.40,000/- was awarded which is also on the lower side.