LAWS(KAR)-2019-6-428

ERA NANJEGOWDA Vs. MANAGING DIRECTOR, KSRTC DEPT

Decided On June 07, 2019
Era Nanjegowda Appellant
V/S
Managing Director, Ksrtc Dept Respondents

JUDGEMENT

(1.) This appeal is filed by the appellants challenging the judgment and award dated 18.01.2018 passed in MVC No.1299/2017 on the file of the XXI Additional Small Causes Judge and XIX ACMM Member-MACT Bengaluru (SCCH-23), whereby the Tribunal has granted compensation of Rs.12,37,000.00 with interest at 6% per annum.

(2.) Brief facts of the case:

(3.) The learned counsel for the appellants submits that at the time of death of the deceased, the deceased was earning a sum of Rs.40,000.00 per month from agriculture. The Tribunal while assessing the income, has taken the income of the deceased at Rs.9,000.00 per month which is on the lower side. He further contended that while assessing loss of dependency, the Tribunal has not added future prospects, in view of the law laid down by the Honourable Supreme Court in the case of NATIONAL INSURANCE CO. LTD. Vs. PRANAY SETHI AND OTHERS, 2017 AIR(SC) 5157]. He further contended that as per the law laid down in the case of MAGMA GENERAL INSURANCE CO. LTD. Vs. NANU RAM @ CHUHRU RAM AND OTHERS, 2018 ACJ 2782] Tribunal has not granted compensation under the category of 'love and affection'. Therefore, he prays for allowing the appeal.