LAWS(KAR)-2016-4-246

RINDABAI Vs. RAMANLAL LAKSHMICHAND LUNKAD AND ANR

Decided On April 25, 2016
RINDABAI Appellant
V/S
RAMANLAL LAKSHMICHAND LUNKAD AND ANR Respondents

JUDGEMENT

(1.) These appeals arise from the common judgment of the Motor Accident Claims Tribunal, Gulbarga, in MVC

(2.) The claimants being dissatisfied by the judgment and award passed by the Tribunal would contend that the Tribunal has determined the monthly income of the deceased in MVC No. 365/2011 @ Rs. 3,000/- and the compensation awarded under the different heads is also meager. It is contended that the monthly income requires to be determined at Rs. 5,500/- which is normally adopted by this Court while assessing the monthly income of the victim of the road traffic accident of the year 2010. As regards MVC No.364/2011 similar arguments are advanced by the learned counsel contending that the monthly income of the deceased @ Rs. 4,500/- is on lower side and the compensation awarded under the different heads is grossly inadequate.

(3.) Per contra, learned counsel appearing for the insurer defends the judgment and award passed by the Tribunal contending that the Tribunal after appreciating the evidence on record has awarded the just and reasonable compensation which does not call for any interference by this Court.