ORAL JUDGMENT

Challenging common judgment and award dated 29.05.2018 passed by Principal Senior Civil Judge and Additional MACT, Udupi, in MVC no.600/2017 (MFA no.8510/2018) and MVC no.599/2017 (MFA No.8509/2018), these appeals are filed by Insurance Company.

2. Sri Ravish Benni, learned counsel for appellants submitted, appeal was by Insurer on quantum. It was submitted, occurrence of accident involving insured vehicle due to its rash and negligent driving, death of Vasantha Poojary and Guruprasad Poojary in said accident, filing of claim petitions by their legal representatives and tribunal passing awards against insurer were not in dispute.

3. It was submitted, in MFA No.8510/2018 though claimants had stated that deceased Vasanth Poojary was an Electrician, earning Rs.30,000/- per month, they had failed to substantiate same. Though, notional income for year 2016 was Rs.9,500/-, tribunal had taken it at Rs.12,000/- per month, which was excessive. It also ignored that claimant no.4 was sister of deceased, who would be dependent on father. Therefore, deduction towards personal expenses of deceased was erroneous. On above grounds, sought for allowing appeal.

In MFA No.8509/2018:

4. It wa