Compensation for loss of dependency and consortium must adhere to established legal standards, adjusting assessments as necessary based on supporting evidence and judicial precedents.

JUDGMENT :

(C.M. POONACHA, J.)

The appeal and cross objection call in question the judgment and award dated 17.4.2018 passed in MVC No.1027/2014 by the Principal Judge, Court of Small Causes, as a Presiding Officer, Motor Accidents Claims Tribunal, Mysuru, [Hereinafter referred to as ‘Tribunal’]. The Tribunal vide the said judgment and award partly allowed the claim petition and has awarded a compensation of Rs.16,22,000/- together with interest at 7% p.a. The insurer has filed the appeal challenging the quantum of compensation seeking for reduction and the claimant has filed the cross objection for enhancement of the quantum of compensation.

2. Heard the submissions of learned counsel Sri B.C.Shivanne Gowda, for the insurer and learned counsel Sri Shivanand appearing for learned counsel Sri P.Nataraj, for the claimant.

3. The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only aspect that is required to be considered in the present appeal is with regard to the adequacy of the compensation awarded.

4. The age of the deceased is 45 years as on the date of the accident i.e., as on 27.1.2014. The Tribunal has applied the multiplier of 14, which is just and proper.

5. It was averred that the claimant was a Civil Contractor. However, no documents were produced to demonstrate his income. The Tribunal has assessed his income at Rs.13,500/- p.m. Having regard to the fact that no documents have been produced to demonstrate his income, keeping in mind the date of the accident, the same is re-assessed as notional income at Rs.8,500/- p.m.

6. To the said income, 25% is to be added towards future prospects in terms of the judgment of the Hon’ble Supreme Court in the case of National Insurance Company Ltd v. Pranay Sethi , [ (2017)16 SCC 680 ] and 1/3^rd is to be deducted towards personal expenses since the deceased was married and survived by 3 dependents/claimants. Hence, loss of dependency is re-assessed as (Rs.8,500/- + 25% - 1/3 x12x14) Rs.11,90,112/- as against Rs.15,12,000/- awarded by the Tribunal.

7. Loss of consortium is to be awarded to the claimants in terms of the judgment of the Hon’ble Supreme Court in the case of Magma General Insurance Company v. Nanu Ram Alias Chubru Ram , [ (2018)18 SCC 130 ] at Rs.40,000/- each together with an escalation of 20%. Hence, loss of consortium is re- assessed as (Rs.48,000/-x3) Rs.1,44,000/-. The compensation towards funeral expenses and loss of estate also has to be awarded in terms of the aforesaid judgment in a sum of Rs.15,000/- each together with escalation at 20% and accordingly, a sum of Rs.18,000/- each is awarded towards the same.

8. In view of the compensation awarded towards loss of consortium, the compensation awarded by the Tribunal towards loss of love and affection at Rs.40,000/-, is set aside.

9. It is noticed that the Tribunal has awarded interest at 7% p.a. Taking judicial notice of the interest payable towards fixed deposits, the rate of interest awarded by the Tribunal at 7% p.a., is just and proper.

10. In view of the aforementioned, the compensation re-assessed is as follows:

11. Accordingly, the claimants are entitled to total compensation of Rs.13,70,112/- as against Rs.16,22,000/- awarded by the Tribunal.

12. In view of the aforementioned,