The main legal point established in the judgment is the assessment of notional income in the absence of material on record, and the claimants' entitlement to future prospects and other heads of compensation based on relevant legal precedents.

JUDGMENT

S.G. Pandit, J. - The claimants-appellants are in appeal not being satisfied with the quantum of compensation awarded vide the judgment and award dated 11.01.2017 in MVC No.200/2015 on the file of the Principal Senior Civil Judge and Additional M.A.C.T., Haveri. The claimants are the wife, children and mother of the deceased.

2. A claim petition was filed under Section 166 of the Motor Vehicles Act seeking compensation for the accidental death of one Parashuram in a road traffic accident which took place on 08.03.2015 involving motorcycle bearing registration No.KA-14/ED-8031 and KSRTC bus bearing registration No.KA-42/F-768.

3. The accident and accidental death is not in dispute in this appeal. The claimants/appellants have sought for enhancement of compensation.

4. It is stated that the deceased was working as a mason earning Rs.25,000/- per month as income. He was aged 32 years as on the date of the accident. The claimants in support of their case examined claimant No.1 wife of the deceased as PW-1 apart from marking Exs.P-1 to 13. The respondents examined RW-1 and marked Ex.R-1.

5. The Tribunal on assessing the material placed before it awarded total compensation of Rs.9,04,000/- with interest at 7% p.a. under following heads:

6. While awarding the compensation, the Tribunal assessed the income of the deceased at Rs.6,000/- per month, deducted 1/4th towards personal expenses of the deceased and applied multiplier of 16. The claimants being dissatisfied with the quantum of compensation awarded by the Tribunal are before this Court in this appeal praying for enhancement of compensation.

7. Heard the learned counsel for the appellant and the learned counsel for the Corporation. Perused the trial Court records.

8. Learned counsel for the appellant would submit that the quantum of compensation awarded by the Tribunal is on the lower side. He further submits that the deceased was working as a mason earning Rs.25,000/- per month, but the Tribunal ignoring the evidence of PW-1 assessed the income of the deceased at Rs.6,000/- per month, which is on the lower side. He further submits that the notional income while settling the accident claims before the Lok Adalat for the claim of the year 2015 would be more than the income assessed by the Tribunal. Further, he submits that the Tribunal also failed to award any compensation on the head of future prospects. Since deceased was aged 32 years, the claimant would be entitled for adding 40% of the assessed income towards future prospectus. Further he submits that claimant Nos.2 to 4 are the children and mother of the deceased, they would be entitled for parental and filial consortium at the rate of Rs.40,000/- each. Thus, he prays for enhancement of compensation.

9. Per contra, learned counsel for the respondent- Corporation would submit that the compensation awarded by the Tribunal is a just compensation which needs no interference. Further, he specifically contends that the deceased was working as a coolie and there is no fixed income to the deceased. As such, the claimants would not be entitled for compensation on the head of future prospects. Thus, he prays for dismissal of the appeal.

10. Having heard the learned counsel for the parties and on perusal of the trial Court records, the following points would arise for consideration:

i) Whether the income assessed by the Tribunal at Rs.6,000/- per month is proper and correct?

ii) Whether the claimants would be entitled for adding 40% of the income towards future prospects?

iii) Whether the claiman