AMEENABI W/O. HASAN SAB Vs. NEW INDIA ASS. COMPANY LTD. BY ITS BRANCH MANAGER BRANCH OFFICER AND D. LAKSHMAN MURTHY S/O. C. DIBBAIAH

JUDGEMENT

(1.) THESE two appeals by the Insurer and the claimant are directed against the same judgment and award dated 24th September 2008, passed in M.V.C. No. 308/ 2006, by the Civil Judge (Sr.Dn) and Additional Motor Accident Claims Tribunal, Hiriyur, (for short, Tribunal').

(2.) WHILE the Insurer has filed the appeal for reduction of compensation on the ground that the deceased was aged about 70 years and the income of Rs. 3,000/ - per month assessed by Tribunal is on the higher side, the claimant has filed the appeal seeking enhancement of compensation on the ground that, the compensation of Rs. 1,69,600/ - awarded after deducting 20% contributory negligence on the part of the deceased, as against her claim for Rs. 05.00 Lakhs, is inadequate and needs to be enhanced and that the contributory negligence of 20% fixed on the part of the deceased is also liable to be set aside.

(3.) IT is the specific case of the insurer that, the Tribunal erred in assessing the income of the deceased at Rs. 3,000/ - per month for the reason that, the deceased was a lady, aged about 70 years and would not have been earning so much. Further, he submits that the Tribunal ought to have deducted 50% towards the personal expenses of the deceased as the number of dependent is only one, i.e. the claimant herein. Therefore, he submits that the impugned judgment and award passed by tribunal is liable to be modified accordingly.