The court applied the legal principles established by the Supreme Court in assessing the compensation under different heads, including notional income, future prospects, and various losses suffered by the claimants.

JUDGMENT

B.V.Nagarathna, J. - Though this appeal is listed for admission, with the consent of learned counsel on both sides, it is heard finally.

2. The claimants in MVC No.6012/2013 have preferred this appeal seeking enhancement of compensation being aggrieved by the inadequate of compensation awarded by the Motor Accidents Claims Tribunal, Bengaluru, by judgment and award dated 13.10.2015 [hereinafter, it is referred to as the 'Tribunal' for the sake of brevity].

3. The appellants/claimants had filed the claim petition before the Tribunal u/s.166 of the Motor Vehicles Act, 1988 [hereinafter, referred to as the 'Act' for the sake of brevity], seeking compensation of Rs.50,00,000/- on account of the death of George Christopher @ Williams George Christopher S/o. Williams Kumaraswamy, in a road traffic accident. According to the claimants/appellants, George Christopher died on 18.07.2013 at about 10.15 a.m., when he was traveling on Bajaj Chethak two wheeler scooter bearing Regn. No.KA-03/EF-3400 towards BEL Circle from Hebbal Circle. At that time, the driver of a Car bearing Regn. No.KA-03/MP-7603 came in a rash and negligent manner, over took the scooter from the left side and dashed against the hind portion of the scooter. As a result, George Christopher, fell down and sustained grievous injuries. He was admitted to the nearest Baptist Hospital in Bellary Road, Bengaluru, where the doctor at the time of admission noticed that he had sustained head injury with left ear bleeding, large right front parietal subdurable haematoma with 12 mm midline shift, left clavicular fracture, multiple cranial and facial bone fractures and he was an inpatient from 18.07.2013 to 24.09.2013 for about two months. He died due to cardio respiratory failure on account of coma consequent to a head injury. The appellants contended that George Christopher was hale and healthy and he was working as a Manager in a Company called Gandhi Cranes and earning a handsome salary, out of which, he was maintaining his family. His legal representatives and dependents, being his widow and children, filed the claim petition seeking compensation on account of the death of George Christopher. The Hebbal Traffic Police had also registered a case against the driver of the Car in Crime No.80/2013. Hence, the claimants contended that George Christopher had died due to the negligence on the part of the driver of the said car and therefore, they were entitled to compensation.

4. In response to the notices issued by the Tribunal, respondent No.1 did not appear and he was placed exparte, while the second respondent Insurance Company appeared and contested the matter. While filing the statement of objections, the respondent Insurance Company, denied the averments made in the claim petition, contending that the indemnification of the insured would be subject to the terms and conditions of the policy and that the driver of the Car bearing No.KA-03/MP-7603 was, in fact, not negligent at all in causing the accident and that, George Christopher had died due to his own negligence. Therefore, the Insurance Company sought for dismissal of the claim petition. In the alternative they also contended that there was contributory negligence on the part of the deceased and therefore, the compensation may be reduced on account of the said fact, if the Tribunal was to award any compensation to the claimants.

5. On the basis of the rival pleadings, the Tribunal formulated the following points for its consideration.

(1) Whether petitioner proves that on 18.07.2013 at about 10.15 a.m., when deceased George Christopher @ Williams George Christopher was proceeding on Bajaj Chethak two wheeler scooter bearing Regn. No.KA-03/EF-3400 towards BEL Circle from Hebbal Circle, at that time, the driver of car bearing Regn. No.KA-03/MP-7603 driven the same in rash and negligent manner with high speed and dashed to the scooter by which deceased sustained grievous injuries and died in Baptist Hospital?

(2) Whet