The main legal point established in the judgment is the assessment of compensation under the Motor Vehicles Act, highlighting the need to consider loss of future prospects and the principles regarding loss of consortium.

JUDGMENT :

ARAVIND KUMAR, J.

1. This is a claimants' appeal for enhancement of compensation, not being satisfied with the quantum of compensation awarded by the IX Addl. District and Sessions Judge and Addl. MACT, Belagavi in M.V.C. No.282/2014 dated 07.04.2016.

2. Claimants being the minor son, father and mother of deceased Vijay Khannukar filed a claim petition under Section 166 of Motor Vehicles Act seeking compensation of Rs.1,50,00,000/-. It was contended that deceased along with his wife Smt. Smitha and other relatives had proceeded to Sankeshwar in a car to have Ganesh Darshan and while returning to Belagavi on National Highway 4, at about 01:00 p.m. near Ontamuri Ghat, a truck bearing registration No.MH-04/DD-7475 coming from opposite side deviation from Belagavi side towards Sankeshwar was driven in high speed and that too negligently dashed to the road divider and crossed over to the other side of the road and dashed against the incoming vehicles including the car bearing registration No.KA-22/P- 4586 driven by deceased Vijay Khannukar. It was further contended that due to the impact, deceased Vijay Khannukar and his wife Smt. Smitha died at the spot on account of grievous injuries sustained. Hence, contending that deceased was working as a Deputy Manager, Marketing in Ashok Iron Works Private Limited, Belagavi and earning Rs.65,000/- per month, compensation was sought for by the minor son and parents of deceased Sri.Vijay Khannukar.

3. Tribunal after issuing notice to the insurer and the insured and after considering the objections filed on behalf of insurer, allowed the claim petition in part by awarding a total compensation of Rs.16,65,000/- with interest at 6% per annum. Compensation awarded under various heads by the tribunal is as follows: Towards loss of dependency Rs.15,36,000/- Towards loss of love and affection Rs.1,00,000/- Towards funeral expenses Rs.25,000/- Towards transportation of dead body Rs.10,000/- Total Rs.16,65,000/-

Hence, this appeal by the claimants for enhancement.

4. We have heard the arguments of Shri B.M.Patil, learned counsel appearing for appellants - claimants, Shri R.R.Mane, learned counsel appearing for the insurer - respondent No.2. Respondent No.1 - insured is served and unrepresented.

5. It is the contention of Shri B.M.Patil, learned counsel appearing for claimants that tribunal has not considered the evidence in proper perspective and has awarded abysmally very less compensation and as such, he has sought for enhancement of compensation under all heads and prays for allowing the appeal by granting the compensation as sought for in the application filed before the Tribunal.

6. Per contra, Shri R.R.Mane learned counsel appearing for 2nd respondent insurer would submit that compensation awarded by the tribunal is just and proper and it would not call for any interference and as such, he prays for dismissal of the petition.

7. Having heard the learned advocates appearing for parties and on perusal of records secured from the tribunal, we are of considered view that following point would arise for our consideration:

"Whether the compensation awarded by the tribunal in M.V.C. No.282/2014 is just and reasonable or it requires to be enhanced? If so, to what extent?"

8. Since issues relating to accident in question having occurred on 22.09.20013, death of 1st claimant's father including his mother, issuance of policy to the offending vehicle and same being in force as on date of accident, as also the fact that driver of the offending vehicle having been charge sheeted by the jurisdictional Police for negligent driving, are all undisputed facts and as such, they are not delved upon in this appeal, as it would be repetition of facts.

RE. ANSWER ON THE POINT FORMULATED HEREINABOVE:

9. Tribunal while assessing compensation towards loss of dependency has noticed that as per Ex.P-33, deceased had been