H. T. Narendra Prasad, J. - (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:
On 13.12.2013 at about 12.30 p.m. deceased Ravikumar was riding his motor cycle bearing registration No.KA-44-H-2497 from Petrol Bunk, when he was proceeding in front of Kalpataru Institute of Technology on N.H.206 Road to go to Sharadanagara by crossing Hassan Circle carefully and slowly, at that time, the driver of the lorry bearing registration No.KA- 09-B-0496 driven by its driver in a rash and negligent manner dashed against the motor cycle. Due to the impact, Ravikumar sustained grievous injury all over the body and died at the spot. The claimants being mother, wife and children of deceased have filed a claim petition in MVC No.593/2014 before the Tribunal. To establish their case, they have got examined two witnesses and got marked 15 documents. On the other hand, the insurance company neither examined any witnesses nor marked any documents. On appreciation of oral and documentary evidence, the Tribunal has granted a compensation of Rs.16,07,000.00 with interest @ 6% p.a. Being aggrieved by the same, the Insurance Company has filed MFA No.1720/2018 seeking reduction of compensation awarded by the Tribunal and claimants have filed MFA No.4024/2019 seeking enhancement of compensation.

(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.