In this appeal, the appellant/Insurance Company

has challenged the judgment dated 02-07-2018 passed

by the Principal Senior Civil Judge and MACT at

Kalaburgi, in M.V.C.No.1234/2015 (hereinafter referred

to as 'Tribunal' for short).

The parties will be referred with respect to

their status before the Tribunal for the sake of

convenience.

Briefly stated, the facts are that, the

petitioners are the wife and minor children of

Paigambar Bagwan, the deceased. The deceased was

killed at the spot in an accident that took place on

09.11.2009 while proceeding as a labour in a Tractor-

Trailor bearing registration No.KA-32/TA-0462 and KA-

32/TA-0972, on Mortgi-Bagalpur road, near the land of

Lalsab. Petitioners being the dependents claimed

compensation of Rs.30,75,000/-. They pleaded that

4

deceased was aged 26 years, working as labour and

earning Rs.9,000/- per month. The claim was opposed

by the Insurance Company. The Tribunal awarded

Rs.17,83,600/- with 9% interest.

4. The Insurance Company is before this Court on

the ground that, excess compensation was awarded by

the Tribunal, income taken is on the higher side for the

accident of 2009 and it has no liability to pay the

compensation bu