LAWS(KAR)-2015-4-380

D VASANTHI Vs. R SHANMUGAM

Decided On April 17, 2015
D Vasanthi Appellant
V/S
R Shanmugam Respondents

JUDGEMENT

(1.) THIS appeal is filed challenging the inadequacy of the compensation awarded by the XI Additional Judge & Motor Accident Claims Tribunal, Court of Small Causes, Bangalore city (SCCH -12) (hereinafter referred to as 'the Tribunal' for brevity) vide judgment and award dated 17.02.2014, in MVC No.7880/2008.

(2.) BRIEFLY stated:

(3.) SRI Gurudev Prasad K.T., learned Counsel for the appellant submits, the appellant had put in 12 years of service in Divine Engineers Company and working as its Manager; the proprietor of the Company though had given evidence that the deceased was getting Rs.25,000/ - p.m., the Tribunal ignoring the said fact has worked out the loss of dependency by assuming the monthly income at Rs.5,000/ - p.m., that has resulted in great injustice to the appellants. The compensation awarded under the head loss of consortium and loss of love and affection is inadequate. Hence, having regard to the facts that the family of appellants have lost love and affection, economical, social and emotional security due to untimely demise of the deceased, the compensation may be enhanced by just and reasonable amount.