LAWS(KAR)-2012-1-276

HEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE - 3, MAHALAKSHMI, CHAMBERS, 2ND FLOOR, NO. 9/2, M.G. ROAD, BANGLORE - 560001 BY ITS DULY CONSTITUTED ATTORNEY Vs. SMT. PONNAMMA @ AMMU AND OTHERS

Decided On January 06, 2012
Hew India Assurance Co. Ltd., Divisional Office - 3, Mahalakshmi, Chambers, 2Nd Floor, No. 9/2, M.G. Road, Banglore - 560001 By Its Duly Constituted Attorney Appellant
V/S
Ponnamma @ Ammu Respondents

JUDGEMENT

(1.) AGGRIEVED by the judgement and order dated 21.11.2008 passed by the Dist. Judge, Member, MACT, Ramanagara to MVC No. 410/2006, the insurance company has filed the present appeal questioning the excessive compensation granted. Shri Ravi Shankar, learned counsel appearing for the appellant contends that there is no basis to take into account the income of the claimant at a sum of Rs. 5,000/ - per month. Under these circumstances, the award of compensation under the head of 'future loss of income' is erroneous and liable to be set -aside.

(2.) THE counsel for the respondents defends the impugned Judgment.

(3.) THE claim is that the deceased was earning Rs. 200/ - par day and a bata of Rs. 20/ - per day, that he was working as a daily -wager in M/s. Eshwar Silk industries, Ramanagara. He was involved in the extraction of silk threads from the ooooon. It is tharefore stated that it is a specialized skill and therefore the claim put forward by the claimants was just and reasonable.