LAKSHMINARAYAN RAO Vs. PALANISWAMY A

JUDGEMENT

(1.) Claimants are in appeal seeking for enhancement of compensation, not being satisfied with quantum of compensation awarded by MACT, Bangalore in MVC No.7446/2010 dated 9.1.2012, whereunder, claim petition filed by the parents of the deceased came to be allowed in part and a total compensation of Rs. 3,52,500/- has been awarded.

(2.) I have heard the arguments of Sri.Suresh M., learned counsel appearing for the claimants and Sri.O.Mahesh, learned counsel appearing for the respondent No.2. Sri.Suresh M., learned Advocate has made available certified copies of entire pleadings, depositions and exhibits marked before the Tribunal for perusal of the same by this Court. Same are also perused by me.

(3.) It is the contention of Sri.Suresh, learned counsel appearing for the appellants that Tribunal committed a serious error in construing the income of the deceased at Rs. 5,000/- though overwhelming evidence was available on record to establish that deceased was drawing a salary of Rs. 17,784/- as per Ex.P26 certificate and non- consideration of this vital evidence has resulted in great prejudice to the claimants and contends tribunal has awarded very less compensation towards loss of dependency. Hence, he prays for considering the income of the claimant at Rs. 17,784/- and he also prays for adding 50% to the said salary as future prospects and compensation be determined accordingly by giving 50% deduction thereafter since deceased was a bachelor. He would also draw the attention of the Court to the evidence of PW-2 who has been examined on behalf of the claimants and who is the official who has tendered evidence on behalf of the Company where the deceased was working at the time of the accident to contend salary of deceased has been proved by claimants. Hence, he prays for compensation being re-computed towards loss of dependency. He would also contend that compensation awarded under conventional heads being marginally on the lower side, he prays for the award of just compensation being awarded by allowing the appeal in question.