IMPORTANT POINT
Although Insurer is absolved of its liability, it should pay the compensation to the claimants with liberty to recover the same from the owner of the offending vehicle.

JUDGMENT :

A.M. Khanwilkar, J.

1. These appeals take exception to the common judgment and order dated 12th February, 2016 passed by the High Court of Karnataka at Bengaluru in M.F.A. No.5874 of 2011 (MV) and M.F.A. No.5876 of 2011 (MV). Both these appeals were filed by the respondent No.1 (National Insurance Co. Ltd.) questioning the correctness of the judgment and Award passed by the Motor Accident Claims Tribunal, Bangalore dated 3rd January, 2011 in MVC No.7055 of 2009 and 7056 of 2009, respectively.

2. The former claim petition MVC No.7055 of 2009 was filed by the legal representatives of Satish (the deceased) who had succumbed to the injuries suffered, in an accident which occurred on 17th March, 2009, while he was riding a motorcycle bearing Registration No.KA-05-EJ-4029 along with his friend, Anand, who was travelling with him as a pillion rider. Police complaint regarding the accident was lodged by Anand, appellant in Civil Appeal No.9079 of 2017. The accident was caused by a lorry bearing Registration No.MH-43-U-3365, which was being driven at a high speed in a rash and negligent manner. The said lorry came from behind and hit the motorcycle on which Satish and Anand were going from Bangalore towards Tumkur. Both of them fell down and suffered serious injuries. Satish, who was riding the motorcycle, succumbed to his injuries. The appellant Anand was hospitalized as an indoor patient and had to undergo surgeries for fracture of collies (left) and ACL tear with MCL tear, right knee with hemarthrosis.

3. Resultantly, separate claim petitions were filed before the MACT at Bangalore by the legal representatives of the deceased (Satish) and by Anand. The claim petitions proceeded ex parte against the owner of the offending lorry. After analysing the relevant evidence, the Tribunal found that the accident had occurred due to the rash and negligent driving of the driver of the offending vehicle. The Tribunal also noted that the respondents had not challenged the chargesheet materials and other documents to disprove the case of the claimants and as such, there was no material to suggest that it was a case of contributory negligence.

4. Having said that, the Tribunal proceeded to determine the compensation amount to be paid to the claimants. While doing so, it has noted that the legal representatives of the deceased (Satish) did not produce any document to show his monthly income from mechanic work. The Tribunal noted that the age of the deceased (Satish) was around 30 years at the relevant time when the accident occurred, and there were three dependents in his family namely, his wife, daughter and mother (claimants). In the absence of evidence regarding income of the deceased (Satish), the Tribunal took notional income at the rate of Rs.3,000/- per month and after providing deduction of 1/3rd amount towards personal expenses and applying multiplier of 17, determined the loss of dependency at Rs.4,08,000/- (Four Lakh Eight Thousand only). In addition, the Tribunal granted Rs.5,000/- towards transportation of dead body from hospital to home, Rs.10,000/- under the head of loss of consortium, Rs.10,000/- under the head of loss of love and affection, Rs.10,000/- towards loss of estate and Rs.10,000/- towards funeral and obsequies ceremonies. The total compensation amount payable to the legal representatives of the deceased (Satish) was determined at Rs.4,53,000/- (Four Lakh Fifty Three Thousand only) with interest at the rate of 6% per annum from the date of petition till the date of deposit by the respondents. The Tribunal issued further directions about the disbursal and appropriation of the amount amongst the three claimants.

5. As regards the claim petition filed by Anand (claimant) in M.V.C. No.7056 of 2009, the Tribunal noted that he had suffered fracture of collies (left) and ACL tear with MCL tear, right knee with hemarthros