G. SADASHIVAPPA S/O GUDUMALLAPPA Vs. YASHPAL SURANA S/O NARTHAN SURANA

JUDGEMENT

(1.) THIS appeal and cross objection arising out of MVC No.537/2006 on the file of the MACT. Shimoga, have come up today for admission. With the consent of the counsel appearing for both the parties, the same are taken up for final disposal.

(2.) THE brief facts leading to this appeal are as under: -

(3.) THE owner and also insurer of Tata Indica car being aggrieved by the quantum of compensation have come up in this appeal contending that the notional income taken at Rs. 6,000/ - p.m. for a student aged about 20 years is on the higher side and the same is required to be reduced and also on the ground that the 3rd and 4th respondents being the brother and sister arc -dependent on the deceased, hence, they are not entitled for compensation and also on the ground that when the eldest son of the second respondent being 21 years, age of his mother -second respondent cannot be 35 years on facts, therefore, it is alleged that the age of the mother of the deceased should have been at least 39 years or 40 years. As the second respondent, her son is aged about 21 years, if she were to be married at the age of 18 years and begetting a child at 19 years, she would be aged 40 years and the same would be appropriate for applying the multiplier. However, in this appeal, the driver of the Tata Indica ear being at fault in causing the accident is not in dispute and also the liability to pay the compensation for having issued the policy covering the liability of the said vehicle is not in dispute by the first and second appellant herein.