The main legal point established in the judgment is the calculation of compensation under Section 166 of the Motor Vehicles Act, considering the income, future prospects, and dependents of the deceased, as well as the principles laid down in relevant case law.

B. Veerappa, J.

Mfa No.201218/2018 filed by the insurance company for reduction of compensation. MFA No.201204/2018 filed by the claimants for enhancement of compensation against the judgment and award dated 17.02.2018 made in MVC No.1033/2015 on the file of Senior Civil Judge and MACT, Chittapur, awarding total compensation of Rs.32,62,000/- with interest at the rate of 6% per annum from the date of petition till realization.

Brief facts of the case :

2. The claimants in MFA No.201204/2018 filed claim petition under the provisions of Section 166 of the Motor Vehicles Act, claiming compensation of Rs.58,75,000/- with interest contending that on 23.02.2014 at about 6:00 p.m. while the deceased was going to Tanda from Wadi in tum tum vehicle bearing No.KA-33-A-1244 along with driver of the said vehicle, when the said vehicle came near Halkatta Darga road on Wadi to Yadgir main road, at that time, the driver of the said vehicle drove it in high speed and in rash and negligent manner and lost control over the said vehicle resulting the said vehicle turned turtle down, due to which the deceased-Suresh has sustained grievous injuries to his face, both hands and legs. Immediately he was shifted to Basaveshwar hospital and on the advise of doctors shifted to Gangamai Hospital Solapur, where he was taken treatment as inpatient for six months from 24.02.2014 to 06.08.2014. During the treatment the deceased not regained consciousness and the doctors advised to take him to residence and in the mean time food was passed through a pipe inserted by the doctor at nose and lastly on 15.11.2014 the deceased succumbed to the accidental injuries.

It is further case of the claimants that they have spent Rs.20.00 lakhs towards treatment for the deceased who died in an accident and prior to the accident the deceased was hale and healthy and he was completed Bachelor of Education (B.Ed.) and also working as Teacher in private educational institution and used to get salary of Rs.25,000/- per month. The claimants are the wife, minor children and mother were entirely depending upon the earning of deceased. Therefore, they have filed the claim petition for the relief sought for.

3. In response to the notice received, the first respondent remained absent and placed exparte. Second respondent filed the statement of objections denied the averments made in the claim petition and also denied the age, occupation and income of the deceased and further contended that driver of the Tum Tum vehicle was not holding valid and effective driving licence at the time of the accident and violated the terms and conditions of the policy. The claim made by the appellants-claimants is excessive and exorbitant. Therefore, sought for dismissal of the claim petition.

4. Based on the above pleadings, the Tribunal framed the following issues ;-

1. Whether the petitioners prove that, on 23.02.2014 at about 6.00 p.m. the deceased Suresh Jadhav was proceeding in Tom Tom bearing No.KA-33/A-1244 from Wadi to Tanda, near Halkatta Darga Road on Wadi to Yadgir main road, the driver of the said Tom Tom started to drive it in a rash and negligent manner, with high speed and endangering to human life and lost control over it, as a result the said vehicle turned turtle down, due to which the deceased Suresh Jadhav sustained grievous injuries and shifted to Gangamai Hospital, Solapur where at he took treatment for six months and after discharge he was taking follow up treatment for his injuries and he could not regain his consciousness and at last on 15.11.2014 at about 1.00 p.m. he succumbed to the injuries in his house ?

2. Whether the petitioners are entitled for the compensation ? If yes, what is the quantum and from whom ?

3. To what Award or Order ?

5. In order prove the case of appellants claimants, the wife examined as PW.1 and got marked the documents Ex.P.1 to Ex.P.15. The sec