EDWARD DSOUZA Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) The appellants have challenged the legality of the award, dated 01.09.2014, passed by the Motor Accidents Claims Tribunal, D. K., Mangalore, whereby for the death of Mr. Roydon D'Souza, the appellants have been granted a compensation of Rs.4,25,000/-, along with an interest @ 6% per annum, from the date of filing of the petition till the date of realization.

(2.) Shortly put, the facts of the case are that on 26.05.2011, Mr. Roydon D'Souza was riding a motorcycle as a pillion rider, while Mr. Naveen D'Souza was driving the motorcycle. According to the appellants, Mr. Naveen D'Souza drove the motorcycle in such a rash and negligent manner that when it reached a sharp turn, near Marigudi on National Highway-17, the deceased was thrown off from the vehicle. Consequently, he sustained multiple injuries. Initially he was rushed to Padmavathi Hospital. Subsequently, he was shifted to A. J. Hospital, where he was declared as dead.

(3.) Mr. Guruprasad B. R., the learned counsel for the appellants, has raised the following contentions before this Court: firstly, the learned Tribunal has failed to assess the evidence in proper perspective. Despite the fact that Mr. Royson D'Souza (P.W.1) and Mr. Laxman Naik (P.W.5) had clearly established that the deceased was earning an income of Rs.16,000/- per month, while he was working as a General Fitter in Joannon and Paraskevaides (Overseas) Ltd., Tripoli, Libiya, the learned Tribunal has taken his income notionally as Rs.5,000/- per month.