M/S. ICICI LOMBARD GENERAL INSURANCE COMPANY LTD Vs. SHASHIREKHAMANI, K.K. HARISH, R. THIMMAIAH AND S.N. SHANKAR

JUDGEMENT

(1.) THE instant appeal by the Insurer and cross objection by claimants/cross objectors are arising out of the impugned judgment and award dated 02.02.2011 passed in MVC No. 527/2009 on the file of the District Judge & II Additional MACT, Fast Track Court -I Shimoga, (hereinafter referred to as Tribunal for short). By its judgment and award, the Tribunal has awarded a sum of Rs. 9,61,000/ - with interest at 6% p.a., from the date of petition till realization as against the claim made by the claimants, on account of the death of: me deceased -Krishnamurthy S/o. Ramalingam in the road traffic accident.

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

(3.) AS against this, the learned counsel appearing for the cross -objectors inter alia contended that, the Tribunal has erred in not awarding reasonable compensation towards loss of dependency and what is awarded inadequate and the same is liable to be modified by awarding reasonable compensation. Further, he submitted that, the deceased was getting gross salary of Rs. 15,949/ - per month as per Ex. P14 -salary certificate and out of it Rs. 200/ - per month towards professional tax is the only permissible deduction. Further, the Tribunal has erred in not awarding reasonable compensation towards conventional heads also. Therefore, the impugned judgment and award passed by the Tribunal is liable to be modified by enhancing the compensation towards loss of dependency and conventional heads.