SHIVAPPA Vs. SHAIKH IMAM SAG

JUDGEMENT

(1.) The claimants appeal in M.F.A. No.3369/2010 and M.F.A.No.3370/2010 challenge the judgment and award dated 28.02.2009 made by the M.A.C.T. at Harihar in M.V.C.No.333/2002 and M.V.C.No.338/2002, whereby a compensation in sums of Rs.1,91,000/- and Rs.1,43,000/- respectively with interest at the rate of 6% p.a. is awarded. The challenge is on the ground of inadequacy of compensation.

(2.) The brief facts of the case stated are:

(3.) The learned counsel for the claimants firstly contends that the age of the deceased Mr.Jagadish in M.V.C.No.333/2002 has been taken to be 28 years going by the postmortem report by the M.A.C.T. and therefore the Multiplier 18 ought to have been taken, whereas the Tribunal has taken 13; secondly, the Tribunal has taken the monthly income of the deceased at Rs.1,500/- when the deceased was earning more than Rs.8,000/- p.m.; thirdly, in view of Apex Court judgment in the case of "National Insurance Company vs. Pranay Sethi and others reported in, 2017 AIR(SC) 5157", 40% has to be added to the income of the deceased. So contending, the counsel seeks enhancement of the compensation.