The main legal point established in the judgment is the recalibration of compensation under the Motor Vehicles Act, considering notional income, future prospects, and entitlement for filial consortium, based on relevant case laws and legal provisions.

JUDGMENT

H.T. Narendra Prasad, J. - This appeal is filed by the parents of the deceased Ambareesh challenging the judgment and award dated 08.12.2014 passed by the Motor Vehicles Accident Claims Tribunal, Bengaluru (SCCH-13) in MVC No. 1087/2014 whereby the Tribunal has awarded a compensation of Rs. 8,07,000/- with interest at 6% p.a. from the date of petition till the date of deposit.

2. The brief facts of the case are that on 10.08.2013 at about 5.00 a.m. the deceased Ambareesh was standing at Darimala Industries, near 2nd stage, Bidadi industrial area. At that time, the driver of Concrete Ready mix supply lorry bearing registration No. AP-26/W-4624 drove the vehicle in reverse with speed and in a rash and negligent manner ran into drainage channel and the lorry turtled down on the wall of the building. As a result, the deceased who was standing near the wall got squeezed in between the lorry and the wall. Due to the impact deceased sustained fatal injuries and immediately he was shifted to Ramanagar Government Hospital wherein he was declared dead. Afterwards the claimants have filed the claim petition under Section 166 of the Motor Vehicles Act in MVC No. 1087/2014.

3. To establish their case, second claimant - mother of the deceased was examined as PW1 and got marked 8 documents as Exs. P1 to P8. On the other hand, the respondents have neither examined any witnesses nor marked any documents. On appreciation of the oral and documentary evidence, the Tribunal granted a compensation of Rs. 8,07,000/- with interest at 6% p.a. from the date of petition till the date of realization Being not satisfied with the quantum of compensation, claimants have filed this appeal.

4. Smt. Sunitha B.H., learned counsel for the appellants submits that at the time of the accident deceased was earning Rs. 15,000/- per month. The Tribunal is not justified is taking the notional income of the deceased as Rs. 6,000/- per month. Secondly, she contended that the Tribunal while assessing loss of dependency has considered the age of the mother for considering the multiplier. This is contrary to the law laid down by the Honble Apex Court in the case of National Insurance Company Limited v. Pranay Sethi and Others reported in (2017) 16 SCC 680 . Thirdly, she has contended that in view of the law laid down by the Honble Apex Court in the case of Magma General Insurance Co. Ltd. v. Nanu Ram , the appellants are entitled for filial consortium. Hence, she sought for enhancement of compensation.

5. Per contra, Sri P.B. Raju, learned counsel for the respondent - Insurance Company has contended that even though claimants have claimed that deceased was earning Rs. 15,000/- per month, they have not produced any documents to establish the same. Therefore, the Tribunal has rightly assessed the notional income of the deceased as Rs. 6,000/-. Secondly, he has contended that the Tribunal has added 50% towards future prospects and the compensation granted by the Tribunal towards funeral expenses is on the higher side, contrary to the law laid down by the Honble Apex Court in the case of Pranay Sethy (supra). Hence, he sought for dismissal of the appeal.

6. Heard learned counsel for the parties and perused the original records.

7. It is not in dispute that the deceased Ambareesh died due to the accident that occurred on 10.08.2013 due to rash and negligent driving of the driver of the lorry bearing registration No. AP-26/W-4624. The claimants are parents of the deceased. Even though claimants have claimed that at the time of the accident deceased was earning Rs. 15,000/- per month they have not produced any documents to establish their claim. Under those circumstances, the Tribunal was left with no other option but to assess the notional income. Accordingly, notional income of Rs. 6,000/- per month was assessed, which is on the lower side. This Court in catena of decisions, while assessing the notional income has considered the chart prepared by the Lok Adalat for decid