SRI. RAMAPPA, SINCE DEAD BY HIS LRS. SMT. LAKSHMAMMA AND ORS. Vs. SRI. MAJAHID AND THE BRANCH MANAGER ICICI LOMBARD GENERAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the impugned judgment and award dated 4.12.2010 passed in MVC No. 8203/2008 on the file of the IV Additional Judge, Court of Small Causes, Member MACT, Bangalore. The Tribunal by its impugned judgment and award has awarded a sum of Rs. 1,75,200/ - with interest at 6% p.a. from the date of petition till its realization, on account of the death of deceased Ramappa in the road traffic accident.

(2.) THE claimants on the ground that the quantum of compensation awarded by the Tribunal is inadequate and it requires enhancement, have presented this appeal.

(3.) IT is the submission of the learned counsel for the appellants at the outset that the Tribunal has erred in assessing income of the deceased at Rs. 3,000/ - per month which is on the lower side. Deceased was aged about 35 years at the time of accident and by profession he was a loader in a lorry and a skilled labourer. As such, his income may be re -determined reasonably and after deducting 1/4th towards personal expenses, reasonable amount be awarded towards loss of dependency and also conventional heads. Further, it is submitted that the deceased was inpatient for a period of 8 months in S.N.R. Hospital, Kolar from 22.3.2008 to 2.6.2008, he died on 19.3.2009 due to the injuries sustained. The Tribunal has failed to award any amount towards conveyance, attendant charges and nourishing food. As such, the compensation awarded requires to be predetermined by modifying the impugned judgment and award.