RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. BHAGYAMMA

JUDGEMENT

(1.) This appeal and cross objections are directed against judgment and award passed by MACT, Nagamangala dated 10.04.2012 in MVC No.43/2009.

(2.) Heard the learned Advocates. Insurer is in appeal in MFA No.9350/2012 contending interalia that Tribunal ought to have made deduction of 1/3rd towards personal and living expenses since claimants-2 & 3 were major sons and not dependent on the income of deceased and as such, deduction of 1/4th made by Tribunal towards living expenses of deceased by construing his income at Rs.4,500/- per month is on the higher side and it requires to be scaled down. It is also submitted that claimants have not proved contents of Ex.P-8 salary certificate of deceased and as such, Tribunal could not have taken the income of deceased at Rs.4,500/- per month to award compensation of Rs.5,67,000/- towards loss of dependency .

(3.) Claimants have also filed MFA Cross objections contending that deduction of 1/4th towards personal and living expenses of deceased made by Tribunal is just and proper and merely because claimants-2 & 3 were major sons, it cannot be construed that they were not dependent on deceased and hence, learned Advocate appearing on behalf of claimants prays for affirming the finding recorded by Tribunal in this regard.