The court applied legal precedents to reassess the compensation, taking into account the deceased's income, loss of dependency, and other conventional heads.

JUDGMENT

1. Challenging judgment and award dtd. 30/1/2012 passed by III Additional Senior Civil Judge & CJM, Kolar in MVC No.166/2009, this appeal is filed by the claimant for enhancement of compensation.

2. The facts leading to filing of this appeal are that on 5/7/2009, while returning from Chinnasandra Village, Narayanaswamy was standing in bus stand at Kaddappa. At that time, a scooty bearing registration No.KA-40-K-8942 came from Chintamani side, ridden by its rider in a rash and negligent manner and dashed to him. As a result, he sustained grievous injuries. He was initially admitted to Chitamani Government Hospital and thereafter shifted to NIMHANS, Bengaluru. However, due to gravity of injuries, he died. Alleging loss of dependency, due to his untimely death, his wife, three children and father filed claim petition against owner and insurer of offending vehicle under Sec. 166 of Motor Vehicles Act claiming compensation of Rs.10,00,000.00.

3. On service of notice, only respondent no.2- insurer filed objections admitting issuing insurance policy to offending vehicle and coverage at time of accident. It however alleged violation of policy conditions so far as possession of effective and valid driving licence and contended that accident was not due to rash and negligent riding of offending vehicle. Claim petition was also opposed as being excessive.

4. Based on pleadings, Tribunal framed following points:

1. Whether the petitioners prove that deceased Narayanaswamy died in the road traffic accident occurred on 5/7/2009 near Munavara Hotel at Chinnasandra, due to rash and negligent driving of the TVS Scooty bearing registration No.KA-40-K8942 by its rider?

2. Whether the petitioners are entitled to the compensation, if so, from whom and how much?

3. What award?

5. Thereafter, claimant no.1 examined herself as PW-1 and got marked documents Ex.P-1 to P-9. On behalf of respondents, no evidence was laid.

6. On consideration, Tribunal answered point no.1 in affirmative, point no.2 partly in affirmative and allowed claim petition in part granting compensation of Rs.5,87,000.00 and directing respondent no.2-Insurer liable to pay same with 6% p.a. Not being satisfied with quantum of compensation, claimants are in appeal.

7. Miss Nazeefa M. Mulla, learned counsel for appellant submitted that impugned award passed by Tribunal was not commensurate to facts of case and evidence on record. It was submitted that deceased was 45 years of age as on date of accident and was earning Rs.20,000.00 per month from agriculture and milk vending. However, Tribunal considered his income at a meager sum of Rs.4,500.00 per month. Tribunal however erred in not adding future prospects while assessing loss of dependency. Even compensation awarded under conventional heads was not in terms of decision rendered by constitution bench in National Insurance Co. Ltd. Vs. Pranay Sethi reported in 2017 16 SCC 680 and sought for enhancement.

8. On other hand, learned counsel for respondentInsurer sought to support award and opposed enhancement of compensation.

9. From above submission, it is seen that Tribunal on consideration of FIR, Charge sheet, Mahazar, Sketch and IMV report marked as Ex.P-1 to P-4 and P-7, arrived at conclusion that accident was due to rash and negligent riding of offending TVS Scooty by its rider and as it was insured by respondent No.2-Insurer, it assessed compensation and held Insurer liable to pay the same. Insurer has not filed any appeal against award. Only claimant is in appeal seeking enhancement. Therefore, sole point that arises for consideration: "whether claimants are entitled for compensation as sought for".

10. In order to substantiate income, claimant produced records of rights at Ex.P-9. However, no specific evidence is led to establish income earned was Rs.20,000.00 per month.

11. Under these circumstances, Tribunal was justified in assessing monthly income notionally. However, notional income for period 2009 is Rs.5,000.00 pe