NATIONAL INSURANCE CO., LTD., MARUTHI HALLI, NEAR CANARA BANK-BANGALORE THROUGH ITS REGIONAL OFFICE 144, SUBHARAM COMPLEX, M G ROAD BANGALORE-560001 REP. BY ITS ADMINISTRATIVE OFFICER SMT. D. KARTHIKA Vs. MASTER VRISHAB BHATT AND OTHERS@RESPONDE

JUDGEMENT

(1.) AGGRIEVED by the judgment and award dated 31.01.2009 passed by the Civil Judge (Sr. Dn.) and CM and Addl. Motor Accident Claims Tribunal, Kolar in M.V.C.No.134/2004, the insurance company has filed the present appeal questioning the quantum of award.

(2.) THE learned counsel for the appellant/insurance company contends that the sum awarded under the hand lose of dependency is excessive. He contends that the Tribunal has erroneously taken the monthly income at Rs. 10,417/ - notwithstanding its own finding that the income of the deceased is depreciating. On the other heads also, excessive amounts have been awarded. The respondents are served by way of substituted service and have remained unrepresented. The Tribunal considered Ex.P18, P19 and P20 namely, the income tax returns to arrive at the income of the deceased so also the profit and loss account for the year ended 31.03.1999 in which the profit after deductions was shown as Rs. 1,19,096/ - was also considered. The accident took place on 16.12.2003. Under these circumstances, the trial Court was of the view that even in the background of the income tax documents produced, the monthly income could be assessed at a sum of Rs. 10,417/ - and after deducting 1/3rd of the income towards his personal expenses, a sum of Rs.83,335/ - p.a. was worked out. I do not find any error committed by the Tribunal in arriving at the said conclusion. The figures arrived at, are based on the material in specific to Ex.P18, Ex.P19 and Ex.20. The contention of the appellant/insurance company that the figures have been arrived randomly by the Tribunal is misconceived. The figures have been arrived at after due consideration of income tax returns end materiel available. The Tribunal has awarded the following : <FRM>JUDGEMENT_2421_TLKAR0_2012.html</FRM>

(3.) <FRM>JUDGEMENT_2421_TLKAR0_2012(2).html</FRM>