JUDGMENT :

1. The claimants, being dissatisfied with the award of

compensation of Rs.9,22,500/for the death of

Channaveeraswamy, are in appeal before this Court.

2. Facts are not in dispute that on 28.01.2013, when Channaveeraswamy was riding motorcycle bearing registration No.KA14/J9489, a Tractor bearing registration No.KA16/TA3439 collided with the motorcycle, as a result of which, he sustained fatal injuries and died on the spot.

3. The insurance cover to the Tractor was not in dispute. However, a contention was advanced that the driver of the Tractor was not negligent.

4. The Tribunal, on consideration of evidence adduced before it, has recorded a finding that the accident had occurred in the manner stated in the claim petition and the accident had occurred due to the negligence of the driver of the Tractor. The Tribunal, thereafter, has proceeded to assess the compensation by considering the income of the deceased at Rs.4,500/per month.

5. Learned counsel for the claimants contends that the monthly income determined by the Tribunal was a meager sum and at least, the sum as determined by the Karnataka State Legal Services Authority is required to be taken into consideration for the purpose of assessment of compensation.

6. On the contrary, learned counsel for the Insurance Company contends that the compensation awarded by the Tribunal was just and proper.

7. I have considered the submissions of the learned counsel for both parties and perused the materials on record.

8. In view of the fact that no credible evidence to establish the income of the deceased was adduced before the Tribunal, in my view, it would be safe to assume the notional income of the deceased at Rs.8,000/as determined by the Karnataka State Legal Services Authority for the motor vehicle accident victim of the year 2013.

9. As per the judgment of Apex Court in the case of NATIONAL INSURANCE COMPANY LIMITED v. PRANAYSETHI ANDOTHERS (2017) 16 SCC 680, a factor of 40% is required to be added to the notional income towards future prospects, which would make the monthly income of the deceased to be Rs.11,200/. If 1/4th is deducted towards his personal expenses, the monthly income would be Rs.8,400/. Having regard to the age of the deceased i.e., 32 years, a multiplier of 16 is required to be adopted. Thus, on account of loss of dependency, the claimants would be entitled to Rs.16,12,800/(8400 X 12 X 16).

10. The claimants, being widow, minor children and mother of the deceased, they would each be entitled to Rs.40,000/towards loss of love and affection (totally Rs.2,00,000/)

11. Asum of Rs.30,000/is awarded under conventional heads.

12. Thus, in all, claimants are held entitled for enhanced compensation of Rs.18,42,800/as against Rs.9,22,500/along with interest at 6% p.a.

13. The Insurance Company is directed to deposit the compensation amount within four weeks from the date of receipt of a certified copy of this judgment.

The appeal is accordingly allowed in part.