The main legal point established in the judgment is the re-assessment of compensation under different heads, taking into account the deceased's income, future prospects, and legal principles related to consortium and dependency.

JUDGMENT :

K. Somashekar, J.

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

2. Being not satisfied with the quantum of compensation awarded by the Tribunal, the appellants/claimants have filed this appeal against the judgment and award dated 28.01.2015 rendered by the Addl.Senior Civil Judge & CJM, Mandya in MVC No.272/2013.

3. The factual matrix of the appeal is that on 9.12.2012, deceased Puttaswamy @ Manteswamy had been to Sathanur village, for calling the workers for doing wood work by proceeding in motor cycle bearing No.KA.11/L 6083 from Sathanur towards Malavalli slowly and cautiously on the left side of the road. At about 8.30 p.m., near Banasamudra gate, N.H.209, Kanakapura Malavalli Main Road, a Maruthi 800 bearing regn.No.KA.05/N 9956 being driven by its driver in a rash and negligent manner with high speed came from Malavalli towards Halagur and dashed against the motorcycle. Due to the said impact, deceased fell down and sustained grievous injuries. Immediately, he was shifted to Government hospital, Malavalli, wherein first aid treatment was given and on advice was shifted to K.R.Hospital, Mysore for higher treatment in 108 ambulance. But unfortunately, he died on the way. The accident occurred due to the rash and negligent driving by the driver of the offending vehicle, the Halagur Police registered the case in Cr.No.254/2012 for the offence punishable under Section 279 and 304(A) of IPC r/w Section 187 of IMV Act. On these grounds, the claim petition was filed before the Tribunal seeking compensation.

4. After service of notice, respondents entered appearance through their counsel and filed written statement denying the petition averments and sought for dismissal of the claim petition.

5. Based upon the pleadings of the parties, the Tribunal framed issues for its consideration. In order to substantiate their case, petitioner no.2 got himself examined as PW.1 and got examined two witnesses as PW.2 and PW.3 and got marked Exs.P1 to P15. On behalf of respondents, Ex.R1 was marked and no oral evidence was adduced. After hearing the arguments advanced by the learned counsel for the parties and on evaluation of oral and documentary evidence available on record, the Tribunal passed the impugned judgment, awarding compensation of Rs.9,48,600/- with interest at 9% p.a. from the date of petition till payment. It is this judgment which is under challenge in this appeal on various amongst other grounds.

6. Learned counsel for the appellants while taking me through the evidence of PW.1 contends that the Tribunal has erred in awarding lesser compensation towards loss of dependency by taking income of the deceased at Rs.6,000/- p.m. Whereas, the deceased was earning Rs.15,000/- p.m. by working as carpenter. Further, the Tribunal has erred in awarding lesser compensation towards loss of consortium, loss of estate, transportation and funeral expenses. Further, the Tribunal has failed to award any compensation towards loss of love and affection. On all these grounds, the learned counsel for appellants contends that the compensation awarded by the Tribunal is inadequate and also on lower side, hence, seeks for enhancement of compensation under all heads, by allowing the present appeal.

7. Per contra, learned counsel for the respondent insurance company contends that as per the investigation conducted by the company's investigator the alleged accident occurred mainly due to the negligent driving of the motorcycle by the deceased himself. He further contends that the driver of the offending car did not had effective driving licence to drive the type of the vehicle involved in the accident, as such there is violation of terms and conditions of the policy. The Tribunal by considering the evidence of PW.1 and so also evidence of PW.3 in a holistic a