The main legal point established in the judgment is the application of legal principles from relevant case laws to determine the adequacy of compensation, including the assessment of the deceased's income, future prospects, and conventional heads.

JUDGMENT :

K.Somashekar, J.

Though this appeal is listed for hearing on I.A.No.1/2015 for seeking condonation of delay but the said application is allowed and delay condoned as sought for. With the consent of learned counsel on both sides, the same is taken up for final disposal.

2. This appeal is preferred by the appellants/claimants being the wife, children and mother of the deceased B.R. Nagaraju against the judgment and award dated 4.12.2014 passed by the Fast Track Court and Additional MACT, Hassan in MVC No.972/2014 seeking enhancement of compensation, whereby the Tribunal has awarded compensation in a sum of Rs.9,45,000/- with interest at 8% p.a. which found to be inadequacy and also on lower side in support of the income held by the Tribunal also to be considered with regard to the future prospects of the deceased.

3. The factual matrix of the appeal is as under:

It is stated in the claim petition that on 08.01.2012 between 7.30 to 8.00 p.m. when the husband of claimant Umashankari, aged about 35 years was proceeding in his motor cycle bearing registration No.KA-02-HG-4699 near reliance petrol bunk, a lorry bearing registration No.KA-13-B-6828 came from Sakaleshpura side in a rash and negligent manner driven by its driver and hit to Nagaraju's motor bike due to which he sustained grievous injuries. Immediately he was shifted to Government Hospital, Hassan and after first aid, he was shifted to NIMHANS, Bengaluru. While he was under treatment, he succumbed to the injuries on 15.01.2012. Deceased Nagaraju was an agriculturist by his avocation at the relevant point of time when he met with an accident and he was earning Rs.20,000/- p.m. But the untimely death of Nagaraju, wife has lost her companion, children's have lost their beloved father's love and affection and mother has also lost her son. Claimants were depending upon the sources of deceased Nagaraju to eek out their life and they are under depression and also mental agony. The claimants being the dependants of the deceased filed claim petition against the respondents seeking compensation.

3. First respondent said to be the owner of the offending lorry and second respondent said to be insurer of offending vehicle.

4. In pursuance to issuance of notice, respondents did not appear and did not participate in the proceedings. In order to substantiate their case, claimant No.1 examined herself as P.W.1 and got marked Exs.P.1 to P.10.

5. Based upon the evidence of P.W.1, so also the relevant documents Ex.P.6-seizure Mahazar, Ex.P.5- Spot Mahazar, Ex.P.9 post mortem report said to be issued by the doctor who conducted autopsy over the dead body of Nagaraj, Ex.P.10- Inquest report. Insofar as the deceased said to be an agriculturist by avocation as such Ex.P.11 RTC extract has been produced by the claimants in order to establish their case against the respondents. All these vital documents have been appreciated by the Tribunal and awarded compensation in a sum of Rs.9,45,000/- with interest at 8% p.a. Being aggrieved, the claimants are in this appeal by urging various grounds.

6. Learned counsel for the claimants contends that the judgment and award passed by the Tribunal is contrary to evidence and materials available on record and just compensation has not been awarded to the claimants. The Tribunal failed to notice that the deceased by avocation as an agriculturist and was earning Rs.20,000/- per month and maintaining the family consisting of 4 members, all were depending on the sole income of the deceased. The Tribunal has not properly assessed the income of the deceased while awarding the compensation towards loss of dependency. The Tribunal ought to have taken the income of the deceased at Rs.7000/- p.m. instead of Rs.6,000/- p.m. There is illustration and guidelines relating to the income where the accident occurred in the year 2012- 2013 in a sum of Rs.7000/- to 8,000/