THE NEW INDIA ASSURANCE COMPANY LTD. Vs. NAZIR

JUDGEMENT

(1.) THE appellant who is the respondent No. 2 before the trial Court in M.V.C. No. 295/07 challenged the judgment and award passed by the Civil Judge (Sr. Dn.), Khanapur and Addl. MACT, Khanapur dated 28.02.2009 in awarding compensation of Rs. 3,52,000/ - in total in favour of the claimants, who are arrayed as respondent Nos. 1 and 2 herein. The Insurance Company has challenged the above said judgment and award on the following grounds.

(2.) THE trial Court has erred in fixing the earnings of the deceased at Rs. 3,000/ - per month in the absence of proof of any income.

(3.) THE Court below has erred in awarding a sum of Rs. 10,000/ - each towards loss of love and affection, funeral expenses and conveyance.