NAGARATNA AND ORS. Vs. HULKOTI ENGINEERS AND ORS.

JUDGEMENT

(1.) This appeal is filed by the claimants challenging the judgment and award passed by the MACT, Dharwad in MVC No. 904/2011.

(2.) The facts in brief are:

(3.) The learned counsel appearing for the appellants contended that the Tribunal has considered the age of the mother of the deceased to adopt the multiplier, which is contrary to the judgment passed by the Apex Court in the case of Munna Lal Jain and Another Vs. Vipin Kumar Sharma and Others passed in Civil Appeal No. 4497 of 2015 and the Tribunal ought to have considered the age of the deceased while adopting the multiplier to determine the loss of dependency. It is further contended that the Tribunal though appreciated the evidence on record that the deceased was aged about 21 years and was studying final year ITI Course at Shamra College and also assisting his father in agricultural activities and was earning Rs. 8,000/ - p.m., applying the notional income of Rs. 6,000/ - p.m. determined the loss of dependency at Rs. 7,02,000/ -, which is totally on a lower side, contrary to the evidence placed on record.