BHARATHI AXA GIC LTD Vs. SAVITHRAMMA

JUDGEMENT

(1.) Mfa No.1720/2018 is filed by the Insurance Company challenging the judgment and award dated 26.04.2017 passed by the Senior Civil Judge and XIX MACT, Tiptur (hereinafter referred to as 'the Tribunal' for short) in MVC No.593/2014, whereby the Tribunal has granted a compensation of Rs.16,07,000.00 with interest @ 6% p.a. Claimants have also preferred MFA No.4024/2019 against the same judgment and award seeking enhancement of compensation. Since the challenge is to the same judgment, both the appeals are clubbed, heard together and are being disposed of by this common order.

(2.) Brief facts of the case:

(3.) Sri. Chandrasehkaraiah .B, learned counsel appearing for the claimants submits that at the time of the accident, deceased was aged about 31 years and he was doing Mason Work and was earning Rs.50,000.00 p.m. The Tribunal was not justified in assessing the notional income of the deceased as Rs.7,000.00 p.m. The Tribunal has granted lesser compensation under the other categories, which is contrary to the law laid down by the Honourable Apex Court in the case of National Insurance Company Vs. Pranay Sethi, 2017 AIR(SC) 5157. Hence, he sought for enhancement of compensation.