NEW INDIA ASSURANCE CO. LTD. Vs. V. ANAND

JUDGEMENT

(1.) The insurer is before this Court assailing the correctness and validity of the judgment and award dated 31.10.2012 in MVC No. 68/2010 on the file of MACT-1, Chikballapur.

(2.) The claimants filed claim petition under Section 166 of Motor Vehicles Act seeking compensation for the death of one P. Srinivas. The claimants are the wife, children and parents of the deceased. It is stated that on 24.02.2010 the claimant was proceeding as a pillion-rider in a motor bike bearing No. KA-40/K-3440. As the rider of the motor vehicle rode the vehicle in a rash and negligent manner, he lost control and dashed against the divider. As a result, the deceased fell down and sustained multiple grievous injuries and died on 25.02.2010. It is stated that the deceased was aged 38 years and was an agriculturist. On issuance of notice respondent No. 2 - insurer appeared before the Tribunal and filed its objections admitting the coverage of motor bike but contended that the rider of the motor bike was not possessing valid and effective driving license. Claimant No.1 - wife of the deceased examined herself as P.W.1 apart from marking Ex.P.1 to Ex.P.20. No evidence was led by respondent - Insurance Company. The Tribunal on assessing the material, both oral and documentary on record, awarded total compensation of Rs.10,59,556/- with interest at the rate of 6% p.a. from the date of petition till realization in the following heads:

(3.) The learned counsel for the appellant submits that the income assessed by the Tribunal at Rs.6,000/- per month is on the higher side. It is his submission that no material is produced to indicate the exact income of the deceased and as such, the Tribunal committed an error in assessing the income of the deceased at the rate of Rs.6,000/- per month. Further it is contended that the Tribunal awarded excessive compensation under conventional heads as well as under the head of love and affection. Thus he prays for allowing the appeal, by reducing the compensation.