UNITED INDIA INSURANCE CO. LTD. NO. 25, 1 FLOOR SHANKARANARAYANA BUILDING M.G. ROAD, BANGALORE 560001 REP BY MANAGER, UNITED INDIA INSURANCE CO. LTD. REGIONAL OFFICE, 5TH FLOOR KRISHI BHAVAN NRUPATHUNGA ROAD, BANGALORE 560 001 Vs. SMT. B. SHARAD

JUDGEMENT

(1.) THIS appeal is by the insurer of offending vehicle challenging quantum of compensation awarded by the Tribunal as excessive and seeking reduction of the same. For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.

(2.) AS there is no dispute regarding death of deceased Motamma in a road traffic accident occurred on 19.05.2009 due to rash and negligent driving of Travera Motor Cab bearing registration No. KA 14/A.2761 by its driver and liability of the insurer of the said vehicle, the only point that remains for my consideration in the appeal is: Whether quantum of compensation awarded by the Tribunal is just and proper or does it call for reduction?

(3.) PER contra, learned Counsel for the claimant submits that deceased was working as a maid servant and earning Rs.3,000/ - per month. Alternatively he submits that as per the latest judgment of the Apex Court in a similar case the Apex Court has held even considering the claimant is not a dependent L.R. 50% of the income of the deceased could be deducted towards personal expenses of the deceased and remaining 50% could be taken as her contribution to family and loss of dependency is to be worked out accordingly and to award reasonable amount towards other conventional heads and hence there is no scope for reduction of compensation awarded by the Tribunal and he prays for dismissal of the appeal.