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Judgment
N. Ananda, J.—The matter is listed for admission. The lower court records are received. With the consent of learned counsel for parties, it is taken up for final disposal.
The appellant (owner of vehicle involved in accident) has filed this appeal for reduction of compensation, inter alia contending that deceased was guilty of contributory negligence and compensation determined by Tribunal is on the higher side.
I have heard Sri. K.T. Gurudeva Prasad, learned counsel for appellant and Sri. H.C. Prakash, learned counsel for claimants.
It is established from evidence on record that deceased was knocked down by Car bearing No. KA-03-MD-6824 when he was walking alongside of road in Shanthigrama, at about 7.15 a.m., on 09.11.2008. The accident took place on National Highway. The deceased was walking alongside National Highway. The appellant owed a duty towards pedestrians. The appellant has deposed that deceased crossed road without observing movement of vehicles, therefore deceased was guilty of contributory negligence.
The road near place of accident is straight. There was no obstruction of vision. Even if it is assumed that deceased was crossing road, without observing movement of vehicles, the appellant should have reduced speed of his car to avert the accident. The deceased was aged about 59 years at the time of accident and he would not have hastily crossed the road. Therefore, Tribunal has rightly held that accident occurred due to rash and negligent driving of appellant.
Regarding quantum of compensation:
The claimant No. 1 is the wife and claimants 2 to 6 are married sons and daughters of deceased Thimmegowda. Therefore, I-claimant alone is the recognised dependent of deceased. In the circumstances, Tribunal should have deducted 50% of the income towards personal and living expenditure of deceased. Thus, claimants are entitled to compensation of Rs. 2,16,000/- (Rs. 4,000/- x 50% x 12 x 9) towards "capitalised loss of dependency". In addition to this, claimants are entitled to compensation of Rs. 34,000/- under conventional heads. Thus, claimants are entitled to total compensation of Rs. 2,50,000/-. In the result, I pass the following:-
ORDER
The appeal is accepted in part. The impugned award is modified, compensation of Rs. 3,05,000/- awarded by Tribunal is reduced to Rs. 2,50,000/-. The rest of the impugned award as it relates to rate of interest, period of accrual of interest, ratio of payment and investment is confirmed. The amount deposited by appellant shall be transferred to Tribunal.