B T RADHAKRISHNA Vs. R RAMANJINEYULU

JUDGEMENT

(1.) The appeal by the claimants against the judgment and award passed by the learned III MACT, Bellary (for short 'MACT') dated 18.01.2012 passed in M.V.C. No. 6/2011.

(2.) The deceased Maruthi @ Babu while riding his motorcycle bearing Reg. No. KA-34/S-6223 towards Toranagallu on 25.05.2010 at about 4.00 PM the offending lorry bearing No. AP-02/X-8271 which was coming from the opposite side dashed against the motorcycle near Kanehalla bridge on NH-63 whereby the deceased fell down from the motorcycle and sustained grievous injuries and he died on the spot. Thus the appellants have filed a claim petition before the MACT and the MACT proceeded to pass compensation of Rs.10,30,000/- with interest at the rate of 6% p.a. from the date of petition till payment. Dissatisfied with the compensation awarded by the MACT, the present appeal has been filed.

(3.) Learned counsel for the appellants submitted that the deceased was working as a Manager in a Bar & Restaurant and was earning Rs.10,000/- per month, which is evident from the certificate issued by the employer dated 25.08.2010 vide Ex.P.6 whereas the Tribunal has considered Rs.7,000/-. It was further contended that he is entitled to 40% to be added to his monthly income towards future prospects in view of the Hon'ble Supreme Court Judgment in National Insurance Co. Ltd., Vs. Pranay Sethi and Others, 2017 ACJ 2700.