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Judgment
B. Manohar, J.—The appellants are claimants being not satisfied with the compensation awarded in M.V.C. No. 33/2009 dated 23.02.2010 passed by M.A.C.T., Karwar, filed this appeal seeking for enhancement of compensation. In the claim petition it is contended that son of appellant Nos. 1 and 2 and brother of third appellant, Ankith was proceeding towards Karwar as a pillion rider in a motorcycle bearing registration No. KA-25-NT-1326. When they reached Gramdev temple, a Tata Tipper bearing reg. No. KA-30/7021 driven by its driver in a great speed, rash and negligent manner dashed against the said motorcycle from the hind side. Due to the accident the rider and pillion rider fell down and wheel of the Tipper ran over the head of tile pillion rider, due to which, he died on the spot. It was contended that at the time of death, the deceased was aged about 17 years studying in II year P.U.C. at Divakar College, Karwar. Hence, they sought for compensation of Rs. 6,00,000/-.
The respondent Nos. 1 and 2 entered appearance and filed written statement. In the written statement first respondent contended that the deceased himself was riding the motorcycle and while overtaking the Tipper they dashed against the Tipper and died due to the accident. The offending vehicle is covered by the insurance. The respondent No. 2 had to compensate the claimants and sought for dismissal of the claim petition as against respondent No. 1.
Respondent No. 2-insurer filed written statement denying the averments made in the claim petition and also contended that the owner and insurer of the motorcycle has not been made parties. Due to the rash and negligent driving of the motorcycle by the deceased the accident has occurred and the claim for compensation is also exorbitant and hence sought for dismissal of the claim petition.
The claimants in order to prove their case got examined P.W. 1 and got marked the documents as per Ex. P.1 to Ex. P.5. On the other hand, nobody was examined on behalf of the respondents, however, insurance policy of the offending vehicle was marked as Ex. R.1.
The Tribunal on considering the oral and documentary evidence and taking into consideration copy of the complaint, spot panchanama and the F.I.R. held that due to the rash and negligent driving of the Tipper, the accident has occurred. The deceased was not riding the motorcycle at the time of accident, but one Kiran Mohan Kambli was riding the motorcycle and the said person was having a valid licence to drive the motorcycle. Due to the actionable negligence on the part of the driver of the Tipper, the accident has occurred. Hence the claimants are entitled for compensation.
With regard to the quantum of compensation is concerned, the tribunal taking into consideration the notional income of the deceased at Rs. 3,000/- per month, deducting 50% towards personal expenses assessed the income at Rs. 1,500/- per month and applied multiplier 14 and awarded compensation of Rs. 2,52,000/- towards loss of dependency. A sum of Rs. 10,000/- was also awarded towards loss of estate and funeral expenses. In all, a sum of Rs. 2,62,000/- with 6% interest. Being dissatisfied with the said compensation the claimants have filed this appeal.
Learned Advocate appearing for the appellants/claimants contended that the judgment and award passed by the Tribunal awarding the compensation of Rs. 2,62,000/- is contrary to law. The deceased was aged about 17 years as on the date of accident and prosecuting P.U.C. II year at Karwar. Assessment of notional income at Rs. 3,000/- per month by the Tribunal is on the lower side. The Hon''ble Supreme Court in catena of judgments had taken into consideration the notional income at Rs. 5,000/- for the death of the student prosecuting his P.U.C. II year. Hence he sought for enhancement of compensation.
On the other hand Sri Rajashekhar Arani, learned counsel appearing for respondent No. 2-insurance company argued in support of the judgment and award passed by the M.A.C.T. and contended that the Tribunal on the basis of the Judgments of the Hon''ble Supreme Court has awarded just compensation and sought for dismissal of the appeal.
I have carefully considered the arguments addressed by the learned counsel for the parties and perused the judgment & award, oral and documentary evidence.
Records clearly disclose that due to the rash and negligent driving of the Tipper the accident has occurred on 26.10.2008 and the claimants have lost their son, who was studying in II Year P.U.C. The Tribunal has assessed the notional income of the deceased at Rs. 3,000/- per month and deducted 50% towards personal expenses. The compensation awarded by the Tribunal is on the lower side. The Tribunal relying upon the earlier judgments of the Supreme Court has assessed the notional income. But subsequently the Supreme Court in catena of decisions assessed notional income at Rs. 5,000/- per month for the death of students who are prosecuting their P.U.C. In the present case also the deceased was prosecuting his P.U.C. II Year. In the circumstances, I feel, ends of justice would be met if the notional income of the deceased is assessed at Rs. 5,000/- p.m., out of which, 50% has to be deducted towards personal expenses. Hence, Rs. 2,500/- would enure to the benefit of the claimants'' family. The appropriate multiplier is 14. Accordingly, a sum of Rs. 4,20,000/- (Rs. 2,500/- x 12 x 14) is awarded towards loss of dependency. Further, the claimants are entitled for a compensation of Rs. 45,000/- under conventional heads. Thus, the claimants in all are entitled for a compensation of Rs. 4,65,000/- as against Rs. 2,62,000/- awarded by the Tribunal. The enhanced compensation carries interest at 6% p.a. from the date of petition till realization. Accordingly, I pass the following:
ORDERS
The appeal is allowed in part and judgment and award dated 23.02.2010 passed by MACT, Karwar, in MVC No. 33/2009 is modified. The claimant is entitled to enhanced compensation of Rs. 2,03,000/- with interest at the rate of 6% from the date of petition till realization.