LAWS(KAR)-2018-12-266

NIJJAMMA @ NIJALINGAMMANEKRTC Vs. DIVISIONAL MANAGER NEKRTCBHIMARAYANAGOUDA

Decided On December 04, 2018
NIJJAMMA @ NIJALINGAMMA Appellant
V/S
DIVISIONAL MANAGER NEKRTC Respondents

JUDGEMENT

(1.) Though matters are listed for orders, by consent of learned Advocates appearing for the parties, they are taken for final disposal.

(2.) Insurer and claimants have filed these two appeals assailing the correctness and legality of the judgment and award passed by Senior Civil Judge & MACT, Jewargi dated 21.04.2017 in MVC No.1075/2015 whereunder claim petition filed by the wife, children and parents of deceased Sri. Channabasappa came to be allowed in part and following compensation came to be awarded;

(3.) Insurer has filed the appeal in MFA No.201372/2017 contending inter alia that the Tribunal committed an error in adopting the multiplier of 18 contrary to the dicta laid down by the Hon'ble Apex Court in case of Smt. Sarala Verma & Ors. Vs. Delhi Transport Corporation and another reported in, 2009 AIR(SC) 3104 and he would also submit that the compensation awarded by the Tribunal under the conventional heads in a sum of Rs.4,25,000/- is contrary to the judgment of the Hon'ble Apex Court in case if National Insurance Company vs. Pranay Sethi and Ors. reported in, 2017 AIR(SC) 5157. Hence, he prays for modification of the award.