THE MANAGER Vs. VASANTHAMMA

JUDGEMENT

(1.) INSURER is in appeal challenging the Judgment and award passed by MACT, Bangalore dated 09.10.2009 in MVC 6729/2008 contending that quantum of compensation awarded by Tribunal is excessive and not in consonance with the law laid down by this court.

(2.) I have heard the arguments of learned advocates appearing for the parties and by consent appeal is taken up for final disposal. Records secured from the tribunal has also been perused by me.

(3.) IT is this award which is challenged in this appeal and it is the contention of Sri O. Mahesh, learned counsel appearing for appellant that tribunal committed a serious error in not considering the fact that deceased was a permanent employee of Karnataka State Reserve Police and was having six years of service for superannuation and as such tribunal ought to have applied split multiplier and computed compensation and tribunal could not have construed his annual income and adopted the multiplier as laid down in Sarla Verma vs. Delhi Transport Corporation reported in : (2009) 6 SCC 121 for computing compensation payable to dependents towards loss of dependency'. Hence, he seeks for re -computation of compensation insofar as compensation awarded by tribunal towards loss of dependency' is concerned.