Compensation for loss of life in motor vehicle accidents must be determined based on a fair assessment of the deceased's income and the principles established in prior case law, ensuring that the amount awarded is just and reasonable.

JUDGMENT

RAMACHANDRA D.HUDDAR, J. - This appeal is preferred under Sec.173(1) of Motor Vehicles Act, 1988 (in short 'the MV Act ') by the appellants-claimants in claim petition filed under Sec. 166 of MV Act in MVC No.387/2017 before the MACT, Bhalki constituted under Sec. 165 of MV Act, challenging the inadequacy of the compensation awarded by the Tribunal as per the award dtd. 30/4/2018.

2. As the short point is involved with regard to inadequacy of the compensation, with consent of both the side, we have taken up this appeal for final disposal.

3. The brief facts of the case are that, on 27/3/2017 at 5.00 p.m. near SB Patil Dental College, Naubad-Bidar on Bidar- Humnabad Road, when husband of petitioner no.1 and father of petitioner nos. 2 to 4 by name Rajkumar was proceeding by walk towards Naubad side on the left side of the road, a KSRTC bus bearing Regn.No.KA-36-F-728 driven by its driver in a rash and negligent manner, dashed against said Rajkumar and caused the accident. He sustained grievous injuries on his head, chest, stomach, both the shoulders, fore-head and succumbed to the injuries on the spot itself. The claimants shifted the dead body by hiring a vehicle and thereafter conducted the funeral by spending more than Rs.30, 000.00. A complaint was lodged in crime No.33/17 at Traffic Police Station, Bidar.

4. It is the further case of the claimants that the deceased was hale and healthy and was aged 40 years at the time of his death. He was running a Kirana business and was earning not less than Rs.20, 000.00 per month. From the said income, he used to maintain his family. It is stated that because of untimely death, the claimants have lost their earning member. Petitioner no.1 being the wife and petitioners 2 to 4 being small children aged 13, 10 and 8 years have lost the love and affection of their father and have been put to great mental shock. These claimants were depending upon deceased's income. Therefore, it is claimed by the complainants to award compensation of Rs.42, 92, 000.00 under all the heads.

5. Before the learned Tribunal, pursuant to the notice, respondent-Corporation-the owner of offending bus appeared and resisted the petition by filing detailed objections. The allegations of rash and negligent driving of the said bus by the driver, earning capacity of the deceased have been flatly denied by the respondent. The claim of the claimants as per the say of the respondent is exorbitant; they are not entitled for interest at the rate of 18% on the compensation. It is also denied that the sufficient amounts have been spent on funeral expenses. It is contended that, without prejudice to the right of the respondents, Rs.15.00, 000.00 was paid to the claimants in advance. Hence, it is prayed to dismiss the petition.

6. Based upon the rival pleadings, the learned Tribunal framed four issues they are as follows:

"1. Whether the claimants prove that on 23/3/2017 at 5.30 p.m. on Bidar-Humnabad road near SB Dental College at Naubad, at Bidar, while Rajkumar was proceeding on the left side of road, the accident occurred is due to rash and negligent driving of Bus bearing Regn.No.KA-36/F-728 by its rider?

2. Whether the claimants proves that deceased-Rajkumar died due to injuries sustained the above said accident?

3. Whether the petitioners are entitled for compensation? If so, at what rate and from whom? 4. What order or award?"

7. Before the Tribunal, petitioner no.1 entered the witness box and got marked Ex.P1 to P6 and closed petitioners' evidence. The driver of the bus was examined as RW.1 to rebut the claim of the petitioners and got marked the document Ex.R1 and closed its evidence.

8. The learned Tribunal, having heard the arguments, allowed the petition in part by awarding compensation of Rs.8, 65, 000.00 with interest at the rate of 6% p.a. from the date of petition till realization. There was an order for deposit and payment of compensation so awarded on deposit.

9. It is this judgment and award which is chall