UNITED INDIA INSURANCE CO. LTD., DIVISIONAL MANAGER, THROUGH BRANCH OFFICE, HANAMASHETTY BUILDING, GURUKUL ROAD, BIJAPUR NOW REPRSENTED BY DIVISIONAL MANAGER, JAWALI COMPLEX, GULBARGA Vs. REVAPPA S/O GURUSANGAPPA JOGI, DIST: BIJAPUR, SMT. HANAMA

JUDGEMENT

(1.) THIS appeal by the insurer is directed against the impugned common judgment and award dated 28.8.2010 passed in MVC No. 147/2007 on the file of the Motor Accident Claims Tribunal No. VIII at Muddebihal. The Tribunal by its impugned judgment and award awarded a sum of 16,16,920/ - with interest 6% per annum from the date of petition till the date of realization. The appellant -insurer contending that the quantum of compensation awarded by the Tribunal is on the higher side, has presented this appeal. The brief facts of the case are the respondent Nos. 1 and 2 are the claimants, who are none other than the parents of the deceased. They have filed petition under Section );">166 of the M.V. Act claiming compensation against the appellant -insurer, owner and driver of the offending vehicle. It is contended that due to rash and negligent driving by the driver of the vehicle the deceased met with an accident on 14.5.2007. Due to grievous injuries sustained, inspite of making all efforts, they could not save the deceased. Thereafter, he succumbed to the injuries. It is the farther case of the respondent Nos.1 and 2 that the deceased was aged about 25 years. He was working as Sales Executive in INFO COM Network Limited, New Delhi and he was drawing a gross salary of 10,050/ - per month. He was the sole bread earner of the family. Due to untimely death of the deceased, the family is affected severely socially and economically. Therefore, they were constrained to file a claim petition claiming compensation against the appellant -insurer and others. The said matter has come up for consideration before the Tribunal. The Tribunal in turn after assessing the oral and documentary evidence allowed the same in part by awarding a sum of 16,19,920/ - with interest 6% per annum.

(2.) IT is the specific case of the appellant -insurer that tribunal has committed error in deducting l/3rd towards personal expenses of the deceased and has further erred in applying multiplier 18 for taking the age of the deceased and determining the compensation towards loss or dependency and therefore, the same is required to be modified. Being aggrieved by the impugned judgment and award passed by the Tribunal, the appellant -insurer has presented this appeal.

(3.) THE respondent Nos. 1 and 2, the claimants are served unrepresented.