SAJEDA BEGUM AND OTHERS Vs. P. BHASKAR RAO AND THE MANAGER, NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) THOUGH this appeal is listed today for orders, by consent of the learned counsel appearing on both sides, the matter is heard for final disposal. This appeal by the claimants in MVC No. 207/2009 on the file of the Principal Senior Civil Judge, MACT -II, Bidar, is for enhancement of compensation since they are dis -satisfied with the quantum of compensation awarded by the Tribunal.

(2.) THE occurrence of accident, the resultant death of the deceased Zahooruddin on account of the injuries suffered by him, the involvement of lorry bearing Registration No. AP -27 -W -3958 owned by Respondent No. 1, issuance of policy by Respondent No. 2 and its validity as on the date of the accident, are not in dispute. The claimants are the wife, minor children and parents of the deceased.

(3.) LEARNED counsel for the appellants contended that the Tribunal has committed serious error in reckoning the monthly income of the deceased only at Rs. 4,500/ - in spite of the claimants having produced the cogent and acceptable evidence to show that he was the owner of lorry and he possessed licence to drive Heavy Goods Vehicle and he was in a position to pay the monthly installments ranging from Rs. 6,000/ - to Rs. 12,000/ -, therefore, the Tribunal ought to have reckoned the monthly income of the deceased commensurate with his vocation and the capacity to repay the monthly installments ranging from Rs. 6,000/ - to Rs. 12,000/ -. It is also his contention that having regard to the fact that the deceased was required to maintain his wife, five minor children and aged parents in all eight dependents, the contribution for living and personal expenses of the deceased should have been only 1/5th and not 1/4th, as adopted by the Tribunal.