KAVITHA Vs. C SAIDALAVI

JUDGEMENT

(1.) The appellants have filed this appeal seeking enhancement of compensation against the judgment and award dated 31.12.2015 passed by the I Additional Senior Civil Judge and CJM & MACT, Mysuru in MVC No.261/2014. The Tribunal has awarded a compensation of Rs.6,41,500/- with an interest at the rate of 6% p.a. Being aggrieved by the judgment and award of the Tribunal, the appellants are before this Court.

(2.) Learned counsel for appellants submits that the grounds for enhancement is that the deceased was a carpenter and he claimed income as Rs.400/- to 500/- per day. But the Tribunal has taken his income at Rs. 3,000/- per month which is on lower side, for which, the Tribunal has not given any reasons. The appellants/claimants are the wife and two minor children of the deceased and the deceased was the bread earner of the family. There are four persons including the deceased and an inference could be drawn that deceased earns a good amount. Hence, Rs.12,000/- to Rs.13,000/- per month is to be calculated. Further it is submitted that the judgment passed by Hon'ble Supreme Court in Civil Appeal No.9581/2018 in the case of Magma General Insurance Co. Ltd. V. Nanu Ram Alias Chuhru Ram & Ors at paragraph No.8.7, it is held as under:

(3.) Learned counsel for the respondent No. 3-Insurance Company supports the order of the Tribunal and it is submitted to dismiss the appeal.