GANGAMMA W/O RAJAPPA AND RAJAPPA S/O LATE SANNA DEVAIAH Vs. VIVIAN SEQUEIRA MAJOR MANAGING PARTNER ROVINA TRAVELS ROAD, THE MANAGER, THE NEW INDIA ASSURANCE CO LTD., BONOVOTURO DSOUZA MAJOR S/O JOSEPH DSOUZA REGD OWNER OF TENKER LORRY BEARING AN

JUDGEMENT

(1.) THIS appeal is by the parents of the deceased Nanda Kumar, calling in question the award of the tribunal on the ground that while assessing the compensation, the tribunal took the income of the deceased at Rs. 2,500/ - per month, whereas it ought to have been atleast Rs. 3,000/ - per month as a lorry cleaner.

(2.) REFERRING to the above ground, learned Counsel for the appellants sought for enhancement of compensation under the head of loss to the estate and medical expenses incurred for treatment of the deceased as well as loss of love and affection.

(3.) IN support of the above submission, learned Counsel placed reliance on the two decisions of the Apex Court reported in Smt. Kaushnuma Begum and Ors. Vs. The New India Assurance Co. Ltd. and Others, AIR 2001 SC 485 . It is further submitted that even without filing an appeal, the insurance company can question the finding on negligence.