JUDGMENT :

K. Natarajan, J.

MFA No.100096/2019 is filed by the Insurer assailing the quantum of judgment and award, whereas MFA Crob.100115/2018 is filed by the claimants seeking for enhancement of compensation assailing the same judgment and award passed by the II Addl. District Judge and MACT, Belagavi in MVC No.1799/2015 dated 14.09.2017.

2. We have heard the arguments of learned counsel for the appellant/Insurance Company as well as the cross-objectors/claimants. For the convenience, the rankings of the parties before the Tribunal is retained.

3. The claimants are the parents of deceased Shubham Ramchandra Desai, who died in the Road Traffic Accident. They filed claim petition under Section 166 of Motor Vehicles Act (hereinafter referred to as 'the Act', for short) claiming compensation of Rs.25,00,000/-, inter alia contending that on 30.06.2015 at about 10.30 pm, when the said Shubham Ramchandra Desai along with others were traveling in a car bearing registration No.KA22/Z-3373, while proceeding to Jotiba temple from Jafarwadi, the driver of the car driven the vehicle in a rash and negligent manner with high speed and dashed to the truck which was proceeding in front, due to which the said Shubham Ramchandra Desai had sustained injuries and he was shifted to the KLE Hospital, Belagavi and he succumbed to the injuries on 01.07.2015. The claimants have contended that their deceased son was pursuing Diploma 1st Year Diploma in Electronic and Communication and he had very good future. He was a bright student, but due to the untimely death, they lost their son. Therefore, they claimed compensation on various heads.

In response to the notice, though the 1st respondent owner appeared through his counsel, but not filed any statement of objections. The 2nd respondent-Insurer appeared and filed statement of objection by denying the rash and negligent driving and accident in question and also taken contention that the accident had occurred due to negligent driving of the respondent No.1 and the driver of the car did not have any driving licence and further taken contention that the deceased student was studying in Diploma and there was no income and therefore the claimants are not entitled for any compensation. Hence he prayed for dismissing the claim petition.

Based upon the rival pleadings, the Tribunal framed the following issues:

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To substantiate the contention, the 1st claimant got himself examined as PW1 and got marked 15 documents. Though the respondent-Insurance Company has taken various contention, but not let in any evidence except marking Ex.R1 Insurance Policy. After considering the evidence on record, the Tribunal awarded the compensation of Rs.20,45,000/- under the following heads:

Towards Loss of dependency	Rs.19,20,000.00
Towards Funeral expenses	Rs.20,000.00
Towards Transportation of dead body	Rs.5,000.00
Towards loss of love and affection	Rs.1,00,000.00
Total	Rs.20,45,000.00

Assailing judgment and award passed by the Tribunal, the insurer filed MFA No.100096/2018 for reduction of the compensation, whereas the claimants filed Cross-objection No.100115/2018 for enhancement of compensation.

4. The counsel for the Insurer contended that the Tribunal committed error in taking the income of the deceased at Rs.20,000/- per month, even though he was 1st year Diploma student and a non-earning member. There is no established income proved by the claimants before the Tribunal. Even the Engineering Graduates are not earning Rs.10,000/- per month. Such being the case, considering Rs.20,000/- per month as income for the student of 1st year Diploma is exorbitant and excessive. Apart from that, it is also contended that the Tribunal awarding Rs.1,00,000/- towards love and affection, is also against the guidelines of Hon'ble Apex Court in the case

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