T.KUSUMA SHETTY Vs. PARAMESHAPPA

JUDGEMENT

(1.) Though this appeal is listed for admission, with the consent of learned counsel for both parties, the appeal is taken up for final disposal.

(2.) This appeal is preferred by the appellants against the judgment and award dated 06.04.2013, passed in MVC No.641/2012 by the I Additional Senior Civil Judge and MACT - V, Davanagere, awarding compensation in a sum of Rs.7,50,000/- with interest at 6% p.a. from the date of petition till the date of realization. Accordingly, the Tribunal has awarded compensation and has mentioned the apportionment in the operative portion of the order. The same is found to be inadequate, as the Tribunal has assessed the income of the deceased only in a sum of Rs.5,000/- p.m. Therefore, the intervention of this Court is required in this appeal by considering the income of the deceased at Rs.15,000/- p.m. instead of Rs.5,000/- assessed by the Tribunal. Hence, he prays for enhancement by awarding suitable compensation.

(3.) The factual matrix of the appeal is as under: