The main legal point established in the judgment is the application of notional income and legal principles to determine enhanced compensation under Sec. 166 of the M.V. Act, as well as the interpretation of the liability provisions under Sec. 198A.

JUDGMENT/ORDER

1. MFA No.202101/2018 is filed by the claimants in MVC No.544/2015 and the appeal in MFA No.202103/2018 is filed by the claimants in MVC No.543/2015 under (for short 'M.V.Act') aggrieved by the common judgment and order dtd. 4/10/2017 passed in MVC Nos.543/2015 and 544/2015 on the file of the Second Additional Senior Civil Judge and Motor Accident Claims Tribunal at Kalaburagi (for short 'Tribunal').

2. The parties shall be referred to as per their rankings before the Tribunal.

3. Facts leading up to filing of the present appeals in brief are that, on 19/11/2010 at about 12.30 p.m. the deceased Pruthviraj and deceased Akash were returning on a motorcycle bearing registration No.KA-32/V-1733. On Chittapur - Kalaburagi road, when they reached near Ganga Parameshwari College, a lorry bearing registration No.MH-25/U-0194 benig driven by its driver in a rash and negligent manner came on a wrong side and dashed to the motorcycle of the deceased resulting in the accident causing grievous injuries to the aforesaid Pruthviraj and Akash who succumbed to the same on the spot. In this regard, a case in Crime No.143/2014 was registered.

4. Thereupon, the claimants being the parents and siblings of deceased Akash filed a claim petition under Sec. 166 of the M.V.Act seeking compensation of Rs.30, 00, 000.00 in MVC No.544/2015 on the premise that the deceased was aged about 22 years and was earning Rs.2, 00, 000.00 per annum from the agricultural work and was contributing his earning for the maintenance of the family; that untimely death of the deceased has caused financial and emotional distress to the claimants. Similarly parents and siblings of deceased Pruthviraj have filed a claim petition under Sec. 166 of the M. V. Act seeking compensation of Rs.30, 00, 000.00 in MVC No.543/2015 on the premise that the deceased was aged about 19 years and was earning Rs.12, 000.00 per month from doing finance business and was contributing the same for welfare of the family.

5. On service of notice, respondent Nos.1, 3 and 4 remained absent and were placed exparte. Respondent No.2 - insurance company appeared through its counsel and filed written statement denying the petition averments, age, income and occupation of the deceased and also mode and manner of the accident. It is contended that the driver of the offending vehicle was not holding valid and effective driving licence as on the date of the accident and thereby violated the policy conditions. It is further contended that respondent Nos.3 and 4 being the Executive Engineer in PWD, Kalaburagi and Contractor respectively have not maintained the road in good condition. That they have not placed any signals cautioning the road users as there are ditches and stones lying on the road. Therefore, respondent No.2 was not liable to pay the compensation. Hence, sought for dismissal of the claim as against it.

6. Based on the pleadings of the parties, the Tribunal framed issues and recorded evidence. The claimant No.1 - Jagadish in MVC No.543/2015 has been examined as PW.1 and claimant No.2 - Ambaraya in MVC No.544/2015 has been examined as PW.2 and they exhibited nine documents, which are marked as Exs.P1 to P9. On behalf of the respondents, one M.Kartik has been examined as RW.1 and the insurance policy has been marked as Ex.R1.

7. After appreciating the evidence, the Tribunal held that the accident in question had occurred due to rash and negligent driving by the driver of the lorry and also due to the negligent act on the part of the respondent No.4 in not maintaining the road with proper signals, resulting in the death of the deceased. Consequently, held that the claimants in MVC No.544/2015 are entitled for total compensation of Rs.9, 08, 000.00 together with interest at 6% per annum and the claimants in MVC No.543/2015 are entitled for total compensation of Rs.7, 83, 000.00 together with interest at 6% per annum. The Tribunal while fixing the liability has directed respondent Nos.1 and