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2020 DIGILAW 1167 (KAR)

Manjula v. Santosh

2020-06-22

S.G.PANDIT, V.SRISHANANDA

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JUDGMENT S.G. Pandit, J. - Though this appeal is listed for admission, with the consent of parties, the matter is finally heard and disposed of by this order. 2. The claimants-appellants are before this court not being satisfied with quantum of compensation awarded by the tribunal under the judgment and award dated 30.10.2019, passed by Senior Civil Judge and Additional MACT, Sirsi in MVC No.347/2018, praying for enhancement of compensation. 3. The brief facts of the case are that, the claimants are parents of the deceased Sudhakar. The claim petition was filed under Section 166 of the MV Act seeking compensation for the death of their son namely Sudhakar in a road traffic accident, occurred on 21.04.2018 at about 01.00 p.m involving APE goods Auto Rickshaw bearing Reg.No.KA-31-7763. 4. The accidental death of Sudhakar is not in dispute in this appeal. The tribunal on examination of all the material placed before it, awarded total compensation of Rs.9,74,000/- with interest @ 6% p.a. from the date of the petition till realization on the following heads: 1 Loss of dependency 8,64,000/- 2 Towards love and affection 80,000/- 3 Towards loss of estate 15,000/- 4 Towards funeral expenss 15,000/- TOTAL 9,74,000/- 5. While granting the above compensation, the tribunal assessed the income of the deceased at Rs.8,000/- per month adopting multiplier of 18 and deducted 50% towards personal expenses of the deceased. The claimants not being satisfied with the award are before this court in this appeal. 6. Heard the learned counsel for the appellants-claimants and learned counsel for the respondent-Insurance company. 7. The learned counsel for the appellantsclaimants would submit that the monthly income of Rs.8,000/- assessed by the tribunal is on the lower side. The deceased was agriculturist and was doing agricultural work, earning Rs.25,000/- per month. But, it is his submission that the tribunal ignoring the evidence of PW1 and Ex.P12 to 14 the original receipts of rice mill, assessed the income of Rs.8,000/- per month, which is on the lower side. Further, the learned counsel would submit that the tribunal committed an error in not granting compensation on the head of future prospects. Thus, he prays for enhancement of the compensation. 8. Per contra, the learned counsel for the respondent-Insurance company would submit that the quantum of compensation awarded by the tribunal is just compensation, which needs no interference. Further, the learned counsel would submit that the tribunal committed an error in not granting compensation on the head of future prospects. Thus, he prays for enhancement of the compensation. 8. Per contra, the learned counsel for the respondent-Insurance company would submit that the quantum of compensation awarded by the tribunal is just compensation, which needs no interference. He further submits that in the absence of any material placed to establish the income of the deceased, the tribunal rightly assessed the notional income of the deceased at Rs.8,000/- per month, which needs no interference. Thus, prays for dismissal of the appeal. 9. After hearing the learned counsel for the parties and on perusal of the material on record, the points that would arise for consideration are: 1. Whether the income assessed by the tribunal at Rs.8,000/- per month of the deceased is proper and correct? 2. Whether the claimants would be entitled for future prospects at 40% of the assessed income? 10. The answer to the above Point No.1 would be in the negative and point No.2 in the affirmative for the following reasons. 11. The accident is of the year 2018. It is stated that the deceased was agriculturist and was also doing agricultural work, earning Rs.25,000/- per month. In support of their case, the claimants have placed on record Ex.P12 to 14 the original receipts of Rice Mills. But, the same would not establish the income earned by the deceased. It would only show the commodity taken to the Rice Mill for further process. In the absence of any cogent material to establish the income of the deceased, the income will have to be assessed notionally. The notional income assessed by the tribunal at Rs.8,000/- per month is on the lower side. This court and Lok Adalath while settling the accident claims of the year 2018, would normally assess the notional income at Rs.11,750/- in the absence of any material to establish the income of the deceased. In the present case also, in the absence of any material to establish the income of the deceased, we deem it appropriate to assess the notional income at Rs.11,750/- per month. 12. The deceased was aged about 24 years as on the date of accident. In the present case also, in the absence of any material to establish the income of the deceased, we deem it appropriate to assess the notional income at Rs.11,750/- per month. 12. The deceased was aged about 24 years as on the date of accident. Hon'ble Apex Court in the case of National Insurance Company Limited V/s. Pranay Sethi and others, (2017) AIR SC 5157 , has held that wherever the deceased was aged below 40 years, the claimants would be entitled for 40% of the assessed income towards future prospects. By following the principle laid down in the Pranay Sethi's (supra) case, we deem it appropriate to award the compensation at 40% of the assessed income towards future prospects. The multiplier of 18 adopted and deduction at 50% towards personal expenses are proper and correct in the facts and circumstances of the case. Thus, claimants would be entitled for the following modified compensation. 1 Loss of dependency Including future prospects 11,750+40%(4,700)=16,450/ 16,450X50%=8,225/- 8,225X12X18=17,76,600/- 17,76,600/- 2 Towards conventional heads 30,000/- 3 Towards loss of love and affection (loss of filial consortium) (Rs.40,000X2) 80,000/- TOTAL 18,86,600/- The claimants would be entitled to a total compensation of Rs.18,86,600/- as against 9,74,000/- awarded by the tribunal with interest @ 6% p.a. from the date of petition till realization. Accordingly, the appeal is allowed in part. The claimants are entitled to a total enhanced compensation of Rs.9,12,600/- with interest @ 6% p.a. from the date of the claim petition till the date of realization of the amount. Respondent-Insurance company is directed to deposit the enhanced compensation amount with accrued interest within six weeks from the date of receipt of certified copy of this judgment. The deposit and apportionment would be as ordered by the tribunal in the same proportion. Draw the modified award accordingly.