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Judgment
K.L. Manjunath, J.—The claimants have filed this appeal being aggrieved by the dismissal of their claim petition by the MACT, Channarayapattna in MVC No. 110/2005.
The facts leading to this case are as hereunder:
In a road traffic accident that occurred on 14.1.2005, deceased Cheluvegowda sustained grievous injuries on account of rash and negligent driving of the driver of the Mahindra Jeep bearing No. KA-13-M-2300. Later he succumbed to the injuries. The claim petition was lodged against owner and Insurance Company of the jeep. Owner was represented through a counsel and Insurance Company filed a written statement contending that the driver of jeep did not possess any valid driving license. Therefore, liability cannot be fastened on the Insurance Company.
The Tribunal framed filing issues for its consideration:
Whether the Petitioners prove that the accident in question was occurred due to rash and negligent driving of the jeep bearing registration No. KA-13-M-2300 by its driver?
Whether the Petitioners prove that Cheluvegowda S/o Singrigowda in the accident, succumbed to the injuries sustained in the said accident?
Whether the II Respondent proves that the driver of the said Jeep bad no valid and effective D.L., at the relevant time?
Whether the Petitioner''s are entitled for compensation? If yes, what amount and from whom?
What order or Award?
In order to prove their contentions, the claimants examined two witnesses viz., PW.1-widow of the deceased and PW.2-eye-witness to the accident and relied upon EXS.P.1 to P.9. One Kaveriyappa was examined is RW. 1 on behalf of the Respondents and they relied upon Exs.R.1 to R.4. The Tribunal without considering the pleadings of parties disbelieved the evidence of PW.2 and came to the conclusion that Jeep did not dash the deceased and he did not die on account of rash and negligent driving of the driver of the Jeep. Accordingly, the claim petition was dismissed. Admittedly accident occurred in the night. Complaint is lodged by the son of the deceased who was not an eyewitness. Later police filed charge sheet against the driver of the Jeep who has accepted the occurrence of the accident. The owner has not denied the involvement of the Jeep in the accident. Similarly the Insurance Company also did not take such a contention. On the other hand, the Insurance Company contended that the driver of the Jeep did not possess valid driving license and contended that the claimants are not the legal representatives of deceased Cheluvegowda. Therefore, in such circumstances what was required to be proved by the Insurance Company was that the driver of the jeep had not possessed valid driving license. Contrary to the same, the Tribunal without considering the pleadings of the parties has dismissed the claim petition en the ground that the vehicle in question has not involved in the accident even though such a defence had not been taken either by the owner of the jeep or by the Insurance Company. Therefore, in the circumstances of the case, we hold that the findings of the Tribunal on the question of negligence is perverse.
Therefore, what remains to be considered is what is the compensation payable to the claimants Admittedly deceased was aged 70 years old and a retired Government Servant. Considering his pension and other income as he was also an agriculturist, the income of the deceased can be taken at Rs. 3,000/- per month. Out of the same, if we deduct �th (i.e., Rs. 750/) towards personal expenses, loss of dependency works out to Rs. 2,250/- per month and?27,000/- per annum. Considering the age of the deceased as 70 years, we have applied multiplier of ''5''. Therefore, a sum of Rs. 1,35,000/- >27,000 x 5) is awarded under the head loss of dependency. In addition to that compensation of Rs. 40,000/- is awarded under conventional heads. Thus in all, the claimants are entitled for total compensation of Rs. 1,75,000/- with interest.
Accordingly, the appeal is allowed in part. The claimants are entitled to compensation of Rs. 1,75,000/- with interest at 6% per annum from the date of petition till the date of payment. Considering the number of dependents and their age we direct the Tribunal to release the entire amount in equal proportions to the legal representatives of the deceased.