JUDGMENT : 1. Though these appeals are posted for admission, with the consent of learned counsel for both the parties, the same are taken up for final disposal. 2. These appeals are directed against the Judgment and Award dated 03.05.2014 passed by the Principal Senior Civil Judge, CJM & MACT-III, Chitradurga in MVC.Nos.115/2012 & 116/2012 respectively, partly allowing the claim petition for compensation of Rs.12,37,500/-, with interest at the rate of 6% p.a. from the date of the petition till date of deposit. 3. The brief facts of the case are that one Prakash @ Prakashreddy was riding a motor cycle bearing Registration No.KA-16-J-4820 and the pillion rider was one Sri.Maruthi. When both these persons were moving near Madakaripura Village, Challakere Road, at 11.30 p.m., the driver of a tractor bearing Registration No.KA-17-T-3325 came in a rash and negligent manner and dashed against the motor cycle, because of which Prakash fell down and sustained serious injuries and succumbed to death. The pillion rider survived with injuries. 4. MFA.Nos.5350/2014 and 6909/2014 are directed against MVC.No.115/2012, wherein the appellants/claimants seek for enhancement of compensation. 5. MFA.Nos.5349/2014 and 6910/2014 are directed against MVC.No.116/2012, wherein the appellant/Insurance company seeks for modification of the Judgment and Award passed by the Tribunal. 6. On consideration of the materials placed on record, the Tribunal allowed these MVC.Nos.115/2012 & 116/2012 in part and granted compensation of Rs.12,37,500/-in MVC.No.115/2012 and Rs.3,90,700/-in MVC.116/2012 together with interest at 6% p.a from the date of petition till date of deposit in each MVC case. The technical and liability aspects are not challenged. 7. Learned counsels were fair enough to submit that bone of contention between the parties is quantum of compensation in both cases. Thus, the appeals are for enhancement of compensation and prayer for setting aside or reduce them. The breakup of compensation awarded by the Tribunal in death case i.e., in MVC.115/2012 (MFA Nos.5350/2014 & 6909/2014) are as follows: Sl. No. Description Amount in Rs. 1. Loss of dependency (3/4th of Rs.7,500/= 5625 x 12 x 15) 10,12,500=00 2. Loss of consortium 1,00,000=00 3. Loss of love and affection 1,00,000=00 4. Funeral expenses 25,000=00 Total 12,37,500=00 8. Prakash @ Prakashreddy died because of the injuries sustained by him in the road traffic accident and his dependents consisted of his wife, son and parents. 1. Loss of dependency (3/4th of Rs.7,500/= 5625 x 12 x 15) 10,12,500=00 2. Loss of consortium 1,00,000=00 3. Loss of love and affection 1,00,000=00 4. Funeral expenses 25,000=00 Total 12,37,500=00 8. Prakash @ Prakashreddy died because of the injuries sustained by him in the road traffic accident and his dependents consisted of his wife, son and parents. The deceased Prakash @ Prakashreddy was running Himabindu Hotel and was also doing agriculture and used to earn Rs.20,000/-p.m. and the age of the deceased at the time of accident was around 36 or 37 years. But, as per the evidence of PW1 wife, though she has admitted that her husband did not obtain licence to run the hotel, no material was produced to establish the contention with regard to running of hotel. The Tribunal has taken the income of the deceased at Rs.5,000/-by adding 50% towards ‘loss of future prospects’, as per the decision of the Hon’ble Apex Court. Hence, notional income comes to Rs.7,500/-. Since there are four dependents including parents, 1/4th has been deducted towards personal expenses of deceased. After deducting, it comes to Rs.5,625/-. The age of the deceased is taken as 37 years and multiplier ‘15’ has been added – (Rs.5,625/-x 12 x 15 = Rs.10,12,500/-) 9. On perusal of the material placed on record, I am of the finding that the Tribunal has erred in hiking the compensation on conventional heads and considering 50% of compensation towards ‘loss of future prospects’, as it should have been at 40%, it comes to Rs.9,45,000/-(5250 x 12 x 15 + Rs.70,000/- towards conventional heads. 10. The breakup of compensation awarded by the Tribunal in injury case i.e., in MVC.116/2012 (MFA Nos.5349/2014 & 6910/2014) is as follows Sl. No. Description Amount in Rs. 1. Pain and sufferings 60,000=00 2. Treatment expenses 13,853=00 3. Permanent disability (15% of Rs.7,000/x 12 x 18) 2,26,800=00 4. Loss of income during treatment and laid up period (Rs.7,000/x 5) 35,000=00 5. Attendant and nourishment 15,000=00 6. Conveyance and incidental charges 5,000=00 7. Loss of comforts 25,000=00 8. Future treatment expenses 10,000=00 Total 3,90,653=00 11. 1. Pain and sufferings 60,000=00 2. Treatment expenses 13,853=00 3. Permanent disability (15% of Rs.7,000/x 12 x 18) 2,26,800=00 4. Loss of income during treatment and laid up period (Rs.7,000/x 5) 35,000=00 5. Attendant and nourishment 15,000=00 6. Conveyance and incidental charges 5,000=00 7. Loss of comforts 25,000=00 8. Future treatment expenses 10,000=00 Total 3,90,653=00 11. It is the contention of the appellant/claimant in the above MVC.116/2012 that he was doing ITI course and was also working as a supplier in Himabindu Hotel and earning Rs.8,000/-p.m. The appellant/claimant had sustained fracture of right femur, tibia and fibula bones and had taken treatment as an inpatient and was subjected for surgery, by inserting implants. He has spent more than Rs.1,50,000/-towards treatment expenses. But, the injuries have not been completely cured and he is unable to concentrate on his course and also to do daily works as earlier. 12. As could be seen from the records, the appellant in his cross-examination was unable to give answers with regard to follow up treatment. The appellant/claimant had also produced Ex.P.53 to show that he had completed the course of ITI. Further, Ex.P54/photograph reveals that the injuries have not been completely cured and hence the claimant is facing difficulties to do daily works. The Tribunal has assessed his notional income at Rs.7,000/-, disability at 15%, since appellant/claimant was aged below 25 years, multiplier ’18’ has been taken and has awarded a compensation of Rs.2,26,800/-(Rs.7000 x 15/100 x 12 x18). 13. The amount of Rs.25,000/-towards ‘loss of comforts’, ‘incidental charges’ of Rs.5,000/-and Rs.10,000/-towards ‘future treatment expenses’, I find that the same were not called for. 14. The notional income should have been considered at Rs.5,000/-p.m. and to ‘loss of future income’ would be Rs.5,000 x 12 x 15/100 x 18 = Rs.1,62,000/-and towards ‘loss of income during treatment and laid up period’ is concerned, it is reduced to Rs.10,000/-. 15. Thus, I find that the Tribunal has erred in assessing the compensation and the same requires to be rectified as stated above. 16. In the facts and circumstances, Judgment and Award dated 03.05.2014 passed by the Principal Senior Civil Judge, CJM & MACT-III, Chitradurga in MVC.115/2012 & 116/2012, are liable to be set aside proportionately. Accordingly, appeals in MFA Nos. Thus, I find that the Tribunal has erred in assessing the compensation and the same requires to be rectified as stated above. 16. In the facts and circumstances, Judgment and Award dated 03.05.2014 passed by the Principal Senior Civil Judge, CJM & MACT-III, Chitradurga in MVC.115/2012 & 116/2012, are liable to be set aside proportionately. Accordingly, appeals in MFA Nos. [Corrected vide Chamber order dated 03.11.2018] 6910/2014 & 6909/2014 filed by the claimants are hereby rejected and the compensation awarded by the Tribunal is reduced on the respective heads as under: Sl. No. Description Amount in Rs. 1. Loss of dependency (3/4th of Rs.7,000/= 5250 x 12 x 15) 9,45,000=00 2. Conventional heads 70,000=00 Total 10,15,000=00 17. MFA Nos.5349/2014 & [Corrected vide Chamber order dated 03.11.2018] 5350/2014 filed by the Insurance Company are hereby allowed-in-part by reducing the quantum of compensation awarded by the Tribunal as under: Sl. No. Description Amount in Rs. 1. Pain and sufferings 60,000=00 2. Treatment expenses 13,853=00 3. Permanent disability (15% of Rs.5,000/-x 12 x 18) 1,62,000=00 4. Loss of income during treatment and laid up period (Rs.5000 x 5) 25,000=00 5. Attendant and nourishment 15,000=00 Total 2,75,853=00 Accordingly, I pass the following: ORDER (1) MFA Nos.[Corrected vide chamber order dated 03.11.2018] 6910/2014 & 6909/2014 filed by the claimants are hereby rejected and MFA Nos.5349/2014 & [Corrected vide chamber order dated 03.11.2018] 5350/2014 filed by the Insurance Company are hereby allowed-in-part and the Judgment and Award dated 03.05.2014 passed by the Principal Senior Civil Judge, CJM & MACT-III, Chitradurga in MVC.115/2012 & 116/2012, are hereby set aside proportionately. (2) Compensation awarded by the Tribunal in MFA Nos.5350/2014 & 6909/2014 is reduced to Rs.10,15,000/-(Rs.12,37,500 – 2,22,500) (3) Compensation awarded by the Tribunal in MFA Nos.5349/2014 & 6910/2014 is set aside by reducing the quantum of compensation to Rs.2,75,853 rounded of to Rs.2,75,900 (Rs.3,90,700 – 1,14,800). (4) The interest, apportionment and all other terms passed by the Tribunal remains unaltered. (5) Insurance company is directed to deposit the compensation amount with interest before the Tribunal within an outer limit of four months from the date of receipt of the certified copy of this judgment and transfer the amount in deposit to the trial Court.