JANAKAMMA Vs. MANAGER, ICICI GEN. INSURANCE CO. LTD

JUDGEMENT

(1.) The appeal for enhancement of compensation by the claimant against the judgment and award passed in MVC No. 2047/2015 on the file of the Member, Principal MACT, Bengaluru. Tribunal by its judgment dated 01.03.2016 awarded compensation of Rs. 11,33,568/-.

(2.) The grounds taken in this appeal for enhancement of compensation are that the deduction of 50% though the claimant is wife of the deceased, which is contrary to the judgment of the Hon'ble Supreme Court in the case of Smt. Sarla Verma and others vs. Delhi Transport Corporation and another, reported in (2009) 6 SCC 121 : (AIR 2009 SC 3104). Secondly, income has been assessed at Rs. 9,000/- whereas the income as claimed by the claimant in the claim petition as well as in her evidence is that the deceased was earning about Rs. 15,000/- p.m. By occupation the deceased was a driver and in support of the same the claimant produced a copy of the Driving License extract as at EX. P. 13 and they are resident of Bengaluru which is substantiated by producing Election identity card, Aadhar card and submitted that a person who is resident of Bengaluru, it should be presumed that one must have earned good amount to survive in the city. On this ground learned counsel for the appellant submits to calculate the income of the deceased at Rs. 15,000/-.

(3.) On the other hand learned counsel for the Insurance Company submits to dismiss the appeal claiming that the deceased was driver nothing has been produced. Though he was claimed to be a driver, the employer or other co-workers' evidence is not produced. Under this circumstances, notional income I assessed by the Tribunal is sound and proper. There are no grounds for interference.