The main legal point established is the determination of compensation in cases of rash and negligent driving under the Motor Vehicles Act, 1988, considering the deceased's income, dependents, and relevant case laws.

JUDGMENT :

H.T. Narendra Prasad, J.

1. This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by the claimants being aggrieved by the judgment dated 19.03.2018 passed by the Motor Accident Claims Tribunal, Bengaluru (SCCH-25) in MVC No. 4330/2017.

2. Facts giving rise to the filing of the appeal briefly stated are that on 27.06.2017 at about 8.45 a.m. when the deceased Giriyappa was proceeding by walk at 14th Cross, Peenya Industrial Area, Bangalore and he was crossing the road near post office from west to east, at that time, a BMTC bus bearing registration No. KA-57/F-0777 which was being driven in a rash and negligent manner, dashed against the deceased. As a result of the aforesaid accident, the deceased sustained grievous injuries and succumbed to the injuries on 28.06.2017.

3. The claimants filed a petition under Section 166 of the Act seeking compensation for the death of the deceased along with interest.

4. On service of summons, the respondent appeared through counsel and filed written statement in which the averments made in the petition were denied. The age, occupation and income of the deceased are denied. It was pleaded that the quantum of compensation claimed by the claimants is exorbitant. Hence, he sought for dismissal of the petition.

5. On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter recorded the evidence. The claimants, in order to prove their case, examined claimant No. 1 as PW-1 and got exhibited documents namely Ex.P1 to Ex.P12. On behalf of respondents, one witness was examined as RW-1 and no documents were got exhibited. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the deceased sustained injuries and succumbed to the injuries. The Tribunal further held that the claimants are entitled to a compensation of Rs. 2,50,000/-along with interest at the rate of 8% p.a. and directed the Corporation to deposit the compensation amount along with interest. Being aggrieved, this appeal has been filed.

6. The learned counsel for the claimants has raised the following contentions:

Firstly, the claimants claim that the deceased was aged about 80 years at the time of the accident and he was earning Rs. 10,000/-per month by working as a Security Guard. But the Tribunal is not justified in taking the monthly income of the deceased as merely as Rs. 6,000/-.

Secondly, since there are four dependents, the Tribunal instead of deducting 1/3rd of the income of the deceased towards personal expenses, has deducted 50%.

Thirdly, as per the judgment of the Hon'ble Supreme Court in the case of MAGMA GENERAL INSURANCE CO. LTD.-V-NANU RAM, 2018 ACJ 2782, each of the claimants are entitled for compensation of Rs. 40,000/-under the head of 'loss of love and affection and consortium'.

Fourthly, the compensation awarded by the Tribunal under the conventional heads is on the lower side. Hence, he prays for allowing the appeal.

7. On the other hand, the learned counsel for the Corporation has raised the following counter-contentions:

Firstly, even though the claimants claim that the deceased was earning Rs. 10,000/-per month as a Security Guard, the same is not established by the claimants by producing documents. Therefore, the Tribunal has rightly assessed the income of the deceased notionally.

Secondly, claimant No. 1 is the wife, claimant No. 2 is the married daughter and claimant Nos. 3 and 4 are the major sons of the deceased and they are not depending upon the income of the deceased. Considering the age of the deceased and there are major sons, the Tribunal has rightly deducted 50% of the income of the deceased towards personal expenses.

Thirdly, on appreciation of oral and