The main legal point established in the judgment is the determination of compensation for road traffic accidents under the Motor Vehicles Act, considering notional income, future prospects, and loss of dependency.

JUDGMENT :

M.G.S. Kamal, J.

1. The appeal u/s 173(1) of the Motor Vehicles Act, (hereinafter it is referred to as “the Act”) is filed by the claimants against the Judgment & Award dated 13.04.2017, passed in MVC No.2168/2016 on the file of the VIII Additional District and Sessions Judge, Belagavi (hereinafter it is referred to as “the tribunal”).

2. The facts leading upto filing of the present appeal briefly stated are that on 18.08.2016 at about 22.15 hours one Suraj Son of Basavant Malai was proceeding on a motorcycle bearing registration No.KA-22/ED-6495 from Raviwar Peth towards Mujawarkhut, Fort Road, at that time, TATA Motors Tanker bearing registration No.KA19/5372 driven by its driver in a rash & negligent manner while attempting to overtake the motorcycle of the deceased dashed against the deceased. As a result of the same, the deceased fell down and the right side rear wheel of the said tanker ran on the head of the deceased resulting in grievous injuries on the vital parts of the body of the accused and he succumbed to the same on the spot.

3. Thereupon the claimants being the wife, children & parents of the deceased filed a claim petition u/s 166 of the M.V. Act claiming compensation in a sum of Rs.50,00,000/- contending inter alia that the deceased was aged about 28 years at the time of accident, was working as a Salesman in Jai Ganesh Cloth Center and was earning Rs.15,000/- per month; that the deceased was the sole bread earner in the family and the untimely death of the deceased on account of the rash and negligent driving of the offending vehicle by its driver has caused emotional and financial distress to the claimants. Hence, sought for compensation.

4. Upon service of notice, respondent Nos.1 & 2 appeared through their counsel; respondent No.1 filed statement of objections denying the petition averments and also denied the age, avocation and income of the deceased. It is contended that the accident occurred solely on account of the rash and negligent riding of the motorcycle by the deceased himself. It is further contended that the offending vehicle was insured with respondent No.2 and in the event of the Tribunal fixing the liability, the same be imposed on respondent No.2 – Insurer. Hence, sought for dismissal of the petition

5. Respondent No.2 filed statement of objection denying the contents of the petition including the manner, mode, age, avocation and income of the deceased. It is contended that the driver of the offending vehicle did not possess valid and effective driving licence to drive the same as on the date of accident. As such there was violation of the terms and conditions of the policy, to which the Insurance Company was not laible to indemnify the liability. Hence, sought for dismissal of the petition.

6. The Tribunal based on the pleadings of the parties, framed the issues and recorded the evidence; claimant No.1, wife of the deceased examined herself as PW1 and got marked 15 documents as Exs.P1 to P15; on behalf of the respondents, one Herat Rasiklal Shah, Official of respondent No.2 was examined as RW1 and marked 7 documents as Exs.R1 to R7.

7. The Tribunal on appreciation of the evidence produced by the parties held that the death of the deceased was on account of the accident which was caused due to rash and negligent driving of the offending vehicle driven by its driver. It is further held that the claimants are entitled to total compensation of Rs.13,21,000/- along with interest at the rate of 9% p.a. from the date of petition till realization; the Tribunal further held that there was no violation of terms of the policy on the part of respondent No.1 and thus, directed respondent No.2 Insurance Company to deposit the awarded compensation amount together with accrued interest thereon within a period of two months from the date of the order. Being aggrieved by the aforesaid order, the clai