SMT. PAVITRA @ PUTTALAXMI AND CHINMAY Vs. RAMASWAMY G.T., THE MANAGER, NEW INDIA ASSURANCE CO. LTD., SRI RAJU @ DEVARAJU AND SMT. HOOVAMMA

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the judgment and award in MVC No. 1/2010 dated 8.8.2011 on the file of the Senior Civil Judge and MACT, Belur. The 1st appellant is the wife of one H.R. Arun Kumar. The 2nd appellant is his minor son. The 3rd and 4th respondents are his parents. H.R. Arun Kumar, died in a motor vehicle accident occurred on 18.6.2009. Therefore, appellants and respondents No. 3 and 4 filed the claim petition seeking compensation on account of the death of Arun Kumar.

(2.) THE respondent - insurance company has entered appearance in the case and has filed its statement of objections.

(3.) LEARNED counsel for the appellants submits that the deceased Arun Kumar had established hair dressing saloon at Belur. He was earning more than Rs. 10,000/ - per month.. In fact, he had availed financial assistance from a local bank for establishing the hair dressing saloon. He was self employed. The Tribunal ought to have taken his income at Rs. 10,000/ - per month and added 50% of the income towards loss of future prospects. In this connection, he has relied on the decision of the Apex Court in Rajesh and Others v. Rajbir Singh and Others - : 2013 ACJ 1403. It is further contended that the Tribunal has not awarded appropriate compensation towards loss of consortium and loss of love and affection.