SATHYANARAYANA GUPTA, S/O LATE K.C. SURYANARAYANA GUPTA Vs. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE NO. 2, NO. 64, LALBAGH ROAD, SATHI COMPLEX, BENGALURU - 27 NOW REPRESENTED BY D. KARTHIKA ADMINISTRATIVE OF

JUDGEMENT

(1.) SRI Srikanta Rao, learned counsel is directed to take notice for respondents in MFA No. 3933/2011. The delay of 66 days is condoned in MFA No. 9407/2010 and the application - Misc. Cvl. 19483/2010 is accordingly allowed.

(2.) BOTH the appeals are directed against the judgment and award passed in MVC No. 47/2009 dated 22 -2 -2010 on the file of Motor Accident. Claims Tribunal, Bangalore. The Tribunal has awarded compensation of Rs. 10,47.000/ with interest. Questioning the quantum of compensation awarded by the Tribunal. Insurer has filed MFA No. 9407/2010 whereas, seeking enhancement of compensation, claimants have filed MFA No. 3933/2011.

(3.) THE learned counsel for the insurer submitted that the claimant -son of the deceased has admitted that he has continued the business and there is no loss of income nor there is any loss of dependency as both husband and son are in business and the son being major, is not dependent, and even the husband has got a separate business of Glass Design and hence the Tribunal was not justified in awarding loss of dependency.