JUDGMENT : 1. Though these matters are listed for admission, with the consent of learned counsel for the parties, they are taken up for final disposal. 2. These two appeals have been preferred against the common judgment and award dated 30.10.2017, passed by the Senior Civil Judge and Additional MACT, Saundatti in MVC No.2347/2015. 3. MFA No.100221/2018 is filed by the Insurance Company against the quantum of compensation awarded by the Tribunal and MFA No.102264/2018 has been preferred by the claimants being dissatisfied with the compensation awarded by Tribunal out of same judgment and award. 4. The claimant being the mother of the deceased Nagappa Mallappa Siddakkanavar had filed the claim petition claiming compensation on account of death of her son in Motor Vehicle Accident. It is alleged that on 27.10.2014, the said Nagappa Mallappa Siddakkanavar and some other people of Uagaragol village went to Konnur village for naming ceremony function of the child of Gopal Sangappa of Ugargol Village in a Tempo Trax vehicle bearing Registration No.KA-24/M-4267. After attaining the function of naming ceremony, they were returning from Ugaragol Village in Tempo Trax vehicle. The driver of the said vehicle drove the said tempo in a moderate speed by observing traffic rules and regulations carefully and cautiously and when the said vehicle came near the spot of accident i.e., on Naragund-Saundatti road, near Rokhade shed, at that time a New Hallond Tractor bearing Reg.No.AP-37/AF 5521 and a Trailer loaded with onion bags came from opposite direction i.e., from Saundatti side in a very high speed and in rash and negligent manner and at the spot the driver of the said Tractor drove his tractor in a rash and negligent manner and could not control over the Tractor dashed it to the right side body of the Tempo Trax vehicle in which the Nagappa was traveling and caused the accident. Due to the impact, the said Nagappa sustained fatal injuries and thereafter he was shifted to KIMS Hospital, Hubli. But, the said Nagappa succumbed to the injuries after the first aid treatment. Therefore, the claimant has filed the claim petition contending that her son was aged about 28 years and was earning Rs.25,000/-per month out of engineering works like grill work. On account of untimely death of her son, she has been suffered mentally, physically and financially. Therefore, she has sought for compensation for the accidental death of her son. Therefore, the claimant has filed the claim petition contending that her son was aged about 28 years and was earning Rs.25,000/-per month out of engineering works like grill work. On account of untimely death of her son, she has been suffered mentally, physically and financially. Therefore, she has sought for compensation for the accidental death of her son. 5. The said petition resisted by the respondent No.2-Insurance Company. The respondent No.1 is the owner of the vehicle. However, respondent No.2 alone has filed objections denying the averments made in the claim petition. The contention of the respondent No.2-Insurance company is that the liability, if any, is subject to terms and conditions of the policy. 6. Based on the above pleadings, the Tribunal has framed the following issues for its consideration: 1. Whether the petitioner proves that, on 27.10.2014 at 22.00 hours on Naragund-Saundatti road, near Rokhade shed, the deceased Nagappa Mallappa Siddakkanavar sustained grievous injuries on account of rash and negligent driving of and succumbed to the said injuries on account of rash and negligent driving of the tractor bearing No.AP 37 AF 5521 by its driver ? 2. Whether the petitioner proves the loss caused due to the said accident? 3. Whether the petitioner is entitled for compensation ? If yes, what quantum and from whom? 4. What order or award ? 7. After holding the trial, learned MACT answered Issue Nos.1 and 2 in the affirmative and answered Issue No.3 partly in the affirmative. Consequently, based on the impugned award, the Tribunal quantified the compensation payable to the claimant as under : 1 Towards loss of dependency and expectancy 15,30,000/- 2 Towards loss of estate 1,00,000/- 3 Towards loss of love and affection 50,000/- 4 Towards transportation of dead body and funeral expenses 5,000/- TOTAL 16,85,000/- 8. Dissatisfied with the award passed by the learned Tribunal, the Insurance Company has contended that the compensation awarded by the Tribunal is on the higher side and the claimant has also contended that the compensation awarded by the Tribunal is on the lower side. Hence, both the Insurance company as well as the claimant have preferred these appeals. 9. We have heard both the counsel at length. 10. Hence, both the Insurance company as well as the claimant have preferred these appeals. 9. We have heard both the counsel at length. 10. It is made clear that the appeal filed by the Insurance Company in MFA No.100221/2018 is only with regard to quantum of compensation and not on the point of liability or any other points that were urged before the Tribunal. The learned counsel for the Insurance Company strenuously contended that the income assessed by the Tribunal is not on the basis of the evidence on record. Therefore, it is liable to be interfered with. The Tribunal has not awarded just compensation on the conventional heads. Therefore, the award is liable to be interfered with at the hands of this Court and it is liable to be reduced. The learned counsel for the Insurance Company also relied upon the decision of this Court in the case of D.Balayya @ Balappa V/s. Mahnantesh S. Aili by order dated 01.03.2018 with regard to multiplier. 11. Learned counsel for the claimant in MFA No.102264/2018 has contended that the Tribunal has assessed the income of the deceased at Rs.15,000/-though they had claimed at Rs.25,000/-per month. Learned counsel for the claimant drew our attention to Ex.P9 and P10, the Provisional National Trade Certificate issued by Government ITI Training Centre, Naragund in respect of deceased having a skilled knowledge in respect of mechanism. Ex.P10, which is the salary certificate issued by Malatesh Engineering Works, Saundatti. The Tribunal has taken into consideration these two documents and assessed the income of the deceased at Rs.15,000/-per month. It is important to note that as per the salary Certificate Ex.P10, the employer stated that the deceased was earning Rs.25,000/-per month. The Tribunal completely relied on the documents and also based on the facts and circumstances of the case, evidence on record has come to the conclusion that the deceased should have taken the monthly income at Rs.15,000/-. 12. Having regard to the date of accident, the place where the deceased was working, which is taluk Head quarter and the nature of the skilled job, the claimant has claimed the income of the deceased at 25,000/-per month. Therefore, considering all the above facts and material on record, we find that the income of the deceased can be rightly be assessed at Rs.10,000/-per month. Therefore, considering all the above facts and material on record, we find that the income of the deceased can be rightly be assessed at Rs.10,000/-per month. The claimants are also entitled for future prospects at 40% on the income of the deceased as laid down by Hon’ble Apex Court in the case of National Insurance Co.Ltd., V/s. Pranay Sethi and others, reported in 2017 ACJ 2700 . 13. With regard to the multiplier is concerned, there is no dispute that the deceased was aged about 28 years. The multiplier is rightly applied by the Tribunal at ‘17’. Therefore, the compensation under the head of loss of dependency would be : 10,000X40/100 = 4000 10,000+4000=14,000 14,000X12x17=28,56,000X50/100=14,28,000/- 14. On perusal of the award, we find that the amount awarded by the Tribunal under the head of loss of estate at Rs.1,00,000/-which is on the higher side. The Tribunal awarded lesser amount on the head of funeral expenses. On these heads, the amount is fixed as per law laid in the case of “Pranay Sethi” (quoted supra). Even under the head of loss of love and affection, the Tribunal has awarded the compensation in excess as held in the case of Magma General Insurance Co.Ltd., Vs. Nanu Ram and others, reported in 2018 ACJ 2782 . Hence, considering all these aspects, we find that the award in question is liable to be modified. There are no grounds to enhance the same. Accordingly, we quantify the amount payable to the claimant as under : 1 Loss of dependency and expectancy 14,28,000/- 2 Towards loss of estate 15,000/- 3 Towards loss love and affection 40,000/- 4 Towards transportation of dead body and funeral expenses 15,000/- TOTAL 14,98,000/- 15. In all, the claimant is entitled just and fair compensation. There are no grounds to enhance the quantum of compensation what is stated above. 16. Accordingly, we quantify the compensation payable to the claimants at Rs.14,98,000/-. The Tribunal has awarded compensation of Rs.16,85,000/-. Accordingly, the award of compensation is reduced by Rs.1,87,000/- 17. Learned counsel for the Insurance Company submitted that the rate of future interest awarded by the Tribunal is also on the higher side as the Tribunal has awarded the future interest @ 9% per annum. We find that there are no justifiable circumstances to award future interest at 9% per annum. Learned counsel for the Insurance Company submitted that the rate of future interest awarded by the Tribunal is also on the higher side as the Tribunal has awarded the future interest @ 9% per annum. We find that there are no justifiable circumstances to award future interest at 9% per annum. Having regard to the facts and circumstances of the case, it is just and proper to award future interest @ 6% per annum from the date of petition till realization. 18. Accordingly, the appeal filed by the Insurance Company in MFA No.100221/2018 is partly allowed and the appeal filed by the claimant in MFA No.102264/2018 is liable to be dismissed, accordingly, dismissed. 19. The respondent-Insurance company shall deposit the compensation amount within a period of six weeks from the date of receipt of copy of this Judgment. 20. Since, the claimant is a lady and having lost her young son, therefore, out of award amount 75% of award of compensation shall be kept in fixed deposit in any nationalized bank for a period of 7 years. Remaining 25% of award amount shall be released in favour of her. The claimant would be entitled to withdraw accrued interest on the said fixed deposit. 21. Apportionment and disbursement shall be made as per the order of the Tribunal. Amount in deposit, if any, shall be transmitted to the Tribunal forthwith. Registry is directed to draw award accordingly.