MANAGER, THE NEW INDIA ASSURANCE CO. LTD. Vs. I.C. PUSHPALATHA

JUDGEMENT

(1.) THE case of the claimants is that on 08.01.2010, at 4.00 a.m., at Chittenahalli Village, Periyapatna Taluk, when the deceased was driving his motor cycle bearing registration No. KA -24 -N -234, a lorry bearing registration No. KA -12 -4725, came in a rash and negligent manner and dashed against the motor cycle. As a result, he fell down, sustained injuries and died on the spot. The widow and the minor daughter filed the instant claim petition under Section -166 of the Motor Vehicles Act. During the pendency of the claim petition, the parents of the deceased were impleaded as respondent Nos. 3 and 4.

(2.) THE Tribunal awarded Rs. 1,14,12,000/ - along with interest. Questioning the excessive grant of compensation, the insurer has filed MFA No. 5865/2012. Seeking enhancement, the parents have filed MFA No. 2455/2012 and the widow and the minor child have filed MFA Crob. No. 83/2012.

(3.) ON the other hand, the learned counsel for the claimants contends that he had resigned the job in order to set -up a lucrative business. That he being a Software Engineer, had potential to earn far more than what he was being paid in the company. It is for that reason he resigned the job, intending to set up his own business. Therefore, the notional income should be considered far greater than what he was earning from the previous employment.