LAWS(KAR)-2013-12-356

HANUMANTHAPPA AND CHANDRAMMA Vs. M/S. ORIENTAL INSU. CO. LTD. BY ITS DIVISIONAL MANAGER AND N.B. SHIVAKUMAR

Decided On December 09, 2013
Hanumanthappa And Chandramma Appellant
V/S
M/S. Oriental Insu. Co. Ltd. By Its Divisional Manager And N.B. Shivakumar Respondents

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the impugned judgment and award dated 12.07.2010 passed in MVC No. 222/2010 on the file of the Senior Civil Judge and Addl. MACT, Holalkere (hereinafter referred to as Tribunal' for short), for enhancement of compensation. The Tribunal by its judgment and award has awarded a sum of Rs. 2,92,000/ - under different heads with interest at 6% per annum from the date of petition till the date of deposit, as against the claim of the claimants for a sum of Rs. 24,00,000/ -, on account of the death of the deceased -Basavaraja, in the road traffic accident.

(2.) IN brief, the facts of the case are:

(3.) THE submission of the learned counsel appearing for the appellants at the outset is that, the Tribunal has erred in assessing the income of the deceased at Rs. 100/ - per day, since the accident is of the year 2009 and the deceased by doing mason work was looking after the welfare of the parents. Therefore, the impugned judgment and award passed by the Tribunal is liable to be modified by awarding reasonable compensation.