The main legal point established in the judgment is the reassessment of compensation under various heads in light of legal principles established by the Supreme Court, the rejection of the appellant's contention of deceased's negligence, and the entitlement of the cross objectors to enhanced compensation.

JUDGMENT

1. MFA No.200859/2020 is filed by the owner of the bus challenging finding on negligence and MFA Crob. 200050/2022 is filed by the Claimants seeking for enhancement of compensation awarded.

2. Both the appeal and cross objection are taken up together as they are filed challenging the judgment and award dtd. 11/6/2020 passed in MVC.No.19/2019 by the III Addl. Senior Civil Judge and MACT at Kalaburagi (hereinafter referred to as the 'Tribunal') and are being disposed off by this common judgment.

3. For the sake of convenience, the parties are referred to as per their rank in the Tribunal.

4. Brief facts of the case are that deceased Shivalingappa and other person were busy in washing the bus bearing No.KA-32/F-2383 near the washing unit at the depot of the Respondent No.2 - NEKRTC (North Eastern Karnataka Road Transport Corporation). At the said time, an other bus bearing No.KA-32/F-2376 was brought and stopped close to the bus bearing No.KA-32/F-2383 to be washed after the bus which the deceased was washing. When the said bus bearing No. KA-32/F-2376 was driven by its driver in a rash and negligent manner and without noticing the deceased was washing the bus, the rear side hit him, as a result of which, the deceased was crushed between the two buses, causing the accident in question, wherein he sustained grievous injuries and succumbed to the same on the way to the hospital.

5. The wife, daughter and son of the deceased filed a Claim Petition before the Tribunal claiming compensation for the death of the deceased arraying the driver and the owner of the bus being the NEKRTC as party Respondents. The Claimant No.1 was examined as PW.1 and Exs.P1 to P6 were marked in the evidence. The Respondent No.1 was examined as RW.1 on behalf of the Respondents. The Tribunal, upon an appreciation of the oral and documentary evidence available on record awarded a sum of Rs.13,45,000.00 and directed the NEKRTC to pay the compensation together with interest at 6% pa.

6. The Tribunal, while awarding the compensation, assessed the income of the deceased at Rs.9,000.00 p.m., since no documentary evidence was produced in support of the income of the deceased; the age of the deceased was assessed as 45 years as per the PM report " " Ex.P6 and accordingly, multiplier was applied at 14; assessed the future prospects at 25% and awarded loss of dependency at Rs.12,60,000.00. The Tribunal has further awarded compensation under the other conventional heads at Rs.85,000.00.

7. Upon a re-appreciation of the oral and documentary evidence available on record, it is required to be noticed that in the absence of any documentary material being produced to prove the income of the deceased, the notional income ought to have been assessed and accordingly, as per the income chart followed by this Court in settlement of claims before the Lok Adalath for the year 2018, the notional income is assessed at Rs.11,750.00; 1/3rd of the same is required to be deducted towards personal expenses; 25% is required to be added towards future prospects in terms of the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Limited vs. Pranay Sethi and Others ,2017 ACJ 2700. . Accordingly, the loss of dependency is re-assessed at (Rs.11,750.00+25/100x2/3x12x14) Rs.16,45,000.00 as against Rs.12,60,000.00 awarded by the Tribunal.

8. The Tribunal has awarded a sum of Rs.30,000.00 towards loss of love and affection, Rs.25,000.00 towards funeral expenses and Rs.15,000.00 towards loss of estate and Rs.15,000.00 towards loss of consortium. The said amounts are required to be reassessed in terms of the judgment of the Hon'ble Supreme Court in the case of Pranay Sethi (supra) and Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram and others ,(2018) 18 SCC 130. including the stipulation regarding increasing the compensation by 10% every