The main legal point established is that compensation in motor vehicle accident cases should be computed based on the deceased's actual income, future prospects, and may include additional compensation for parental and filial consortium.

JUDGMENT :

K.Somashekar, J.

The appeal though listed for admission, with the consent of the learned counsel for both parties, the same is heard and disposed of by this order.

2. This appeal is preferred by the claimants - appellants who are the legal representatives of the deceased Ashok Kumar seeking enhancement of compensation awarded by the Tribunal. By its judgment dated 16.09.2013 in MVC No.1054/2011, the Tribunal has awarded compensation in a sum of Rs.12,66,100/- to the claimants - legal representatives of deceased. Being not satisfied with the said compensation, the claimants have filed this appeal seeking enhancement of compensation.

3. Heard the learned counsel for the claimants - appellants as well as the learned counsel for the respondents and perused the impugned judgment as well as the material on record.

4. The factual matrix is that on 13.02.2010 at about 10.00 p.m. when Ashok Kumar was proceeding on a motor cycle bearing Regn.No.KA-19-S-4244 on the road opposite to Hotel Swathi, Kaikamba, Uppala, Kasaragod Taluk, Kerala State, the driver the offending car bearing Regn.No.KA-19-Z-6881 had driven the same negligently and dashed the motorcycle of the deceased. As a result, he sustained grievous injuries and though was treated as an in-patient at hospital, he succumbed to the injuries on 16.03.2010. A huge amount though was spent towards medical expenses, it had gone in vain. Prior to the accident, the deceased was said to be a car driver aged 38 years and was earning Rs.6,000/- per month. The appellants - claimants were wholly dependant on the income of the deceased. Due to the untimely death of the deceased, claimants having been put to great hardship, they filed a claim petition before the Tribunal seeking compensation.

After service of notice, the owner of the offending vehicle as well as the driver remained absent and were placed exparte. The Insurer however filed its written statement and contested the claim petition. During the enquiry before the tribunal, the claimants have established the occurrence of the accident, actionable negligence on the part of the driver of the offending vehicle and its insurance coverage and the same has remained unchallenged either by the owner of the vehicle or by the insurer.

The tribunal, after evaluation of the oral and documentary evidence has held that the accident had occurred due to rash and negligence of the offending vehicle. Taking the income of the deceased at Rs.4,000/- per month and adding 50% towards future prospects and thereafter deducting 1/4th towards his personal expenses, and since the deceased was aged 42 years, applied the multiplier 14', awarded Rs.7,56,000/- towards 'Loss of dependency' and a total compensation of Rs.12,66,100/- with interest at 6% per annum from the date of petition till the date of realization. It is this judgment which is under challenge in this appeal seeking enhancement of compensation.

5. Learned counsel for the claimants/appellants vehemently contends that the deceased was an experienced driver and was earning Rs.6,000/- per month. Further, even as per the norms prescribed in the Lok Adalath Chart, when there is no proof of income in respect of an accident of the year 2010-11, the notional income shall be taken between Rs.5500 - 6500. But however, the Tribunal has erred in taking his income at Rs.4,000/- p.m. while computing compensation towards 'Loss of dependency'. Hence, the learned counsel contends that the income of the deceased be considered at Rs.6,000/-. The learned counsel further contends that the Tribunal taking into consideration that fact that the deceased had left behind his wife, daughter and mother as his dependants, ought to have awarded 'parental compensation' in respect of his daughter and 'filial compensation' in respect of his mother, in view of the judgment of the Apex Court in MAGMA GENERAL INSURANCE CO. LTD.