The main legal point established in the judgment is the determination of appropriate compensation for a road traffic accident victim, considering the deceased's income, loss of dependency, and conventional heads of compensation.

B. Veerappa, J.

1. Though this appeal is listed for admission, with the consent of learned counsel for both the parties, the matter is taken up for final disposal.

2. The claimants filed the present appeal for enhancement of compensation, against the judgment and award dated 25.04.2016 made in MVC No. 1373/2014 on the file of the Member, MACT-VII, Vijayapura, awarding compensation of Rs. 7,42,000/- with interest at 6% per annum from the date of petition till deposit.

3. It is the case of the claimants before the Tribunal that on 04.08.2010 at about 21.30 hours, when the deceased Pandurang, S/o Subedar Mundaphani, after completion of his work at Zankeshwar Automobile, Akaluj, was returning to Kondabavi on his motor cycle bearing registration No. MH-45/G-8150 on Akaluj-Kondabavi road in a moderate speed and on extreme left side of the road, and reached near the land of Mahadev Ghadage, at that time one truck bearing registration No. KA-Ol/AA-5768 came from opposite direction driven by its driver in a rash and negligent manner, lost control over it and thereby dashed to the motor cycle on which the deceased was travelling. Due to the impact, the deceased sustained grievous injuries and died on the spot. It is further case of the claimants that prior to the date of accident, the deceased was working as a sales man at Zankeshwar Automobile and was getting salary of Rs. 20,000/- per month. Therefore, sought for allowing the claim petition.

4. The first respondent was placed ex-parte. The second respondent insurance company filed written statement, denied the averments made in the claim petition and contended that the accident occurred due to the to rash and negligent riding of the motor cycle by the deceased without following the traffic rules and regulations and also contended that the second respondent is not liable to pay compensation unless and until it is proved that the RC, FC and permit of the vehicle and driving licence of the driver of the vehicle were valid and effective as on the date of the accident. Therefore, he sought for dismissal of the claim petition.

5. Based on the aforesaid rival pleadings, the Tribunal framed the following issues:

(i) Whether the petitioners prove that due to rash and negligent driving of the truck bearing No. KA-01/AA-5768, resulted in an accident and caused the death of Panaurang, S/o Subedar Mundaphani?

(ii) Whether the petitioners are entitled for compensation? If so, how much and from whom?

(iii) What order or award?

6. In order to establish the claim, the claimant No.3 was examined as PW-1 and eye witness was examined as PW-2 and got marked the documents as Exs.P. 1 to P.8. The respondent/insurance company has not adduced evidence, but got marked copy of the insurance policy as per Ex.R. 1, with consent.

7. The Tribunal, considering the entire material on record, has come to a definite conclusion that the deceased died due to the alleged accident occurred on 04.08.2014 due to rash and negligent driving of the truck bearing registration No. KA-01/AA-5768 by its driver and the claimants are entitled to compensation. Accordingly, the Tribunal, by the impugned judgment and award, awarded compensation of Rs.7,42,000/- with interest at. 6% per annum from the date of petition till realization. Hence the present appeal is filed by the claimants for further enhancement of compensation.

8. The second respondent/insurance company has not filed any appeal or cross objection challenging the impugned judgment and award.

9. We have heard the learned counsel for the parties to the lis.

10. Sri Koujalagi Chandrakant, learned counsel for the appellants/claimants contended that the impugned award passed by the Tribunal taking the income of the deceased at Rs.5,000/- per month is erroneous and contrary to the material on record. The deceased was earning Rs.20,000/- per month. The compensation awarded unde