The court emphasized the necessity of accurate income assessment in determining compensation amounts owed to claimants in wrongful death cases, highlighting flaws in past assessments.

JUDGMENT :

VIJAYKUMAR A.PATIL, J.

MFA.No.102799/2019 is filed by the claimant seeking enhancement of compensation being aggrieved by the judgment & award dated 02.04.2019 passed in MVC Nos.532/2014 by the X Additional District Judge and Member of Addl. Motor Accident Claims Tribunal, Belagavi (for short, ‘Tribunal’).

1(a). MFA.Nos.102792/2019, 102793/2019, 102794/2019 and 102795/2019 are filed by the appellants/claimants seeking enhancement of compensation being aggrieved by the common judgment & award dated 05.03.2018 passed in MVC Nos.405, 406, 407 and 408 of 2014 by the Tribunal.

2. Brief facts leading to filing of these appeals are that on 19.03.2013, one Santaji Kailash Kiradat driver of luxury bus bearing Registration No. MH-04/FC-9559, drove the same on Goa-Bombay Highway at a high speed in a rash and negligent manner. While he was proceeding on the Jagbudi Bridge, he lost control over the bus as a result, he went off the road and dashed to the bridge railings. Due to the said impact, the bus fell into the Jagbudi River from the height of 32 feet resulting in the death of 37 passengers and injury to 14 passengers.

2(a). It is further averred that the deceased-Maria Sadeo Gauba in MVC No. 532/2014 was 40 years old at the time of accident and was doing service in Goan Cuisine Pvt. Ltd, Australia and was thereby earning Australian Dollar 40,310.40 (Rs.16,12,400) per annum. Due to her untimely death, the claimant has lost dependency, love and affection and filed a claim petition seeking compensation of Rs. 1,60,00,000/-.

2(b). The deceased-Bawtis Ashish Fernandes in MVC.No. 405/2014 was 22 years old at the time of the accident and was working as a Seaman/Deck Officer in a Ace-Ship Management, Mumbai on a contract basis earning a salary of Rs.50,000/- and due to his untimely death the appellants/claimants have filed claim petition seeking compensation of Rs.62,00,000/-. The deceased-Amarnath in MVC.No.406/2014 was aged about 25 years at the time of accident and was doing centering work and earning Rs.20,000/- per month and the appellants/claimants have filed claim petition seeking compensation of Rs.65,00,000/-. The deceased-Mashak in MVC.No.407/2014 was aged about 22 years at the time of the accident and was mason by avocation and earning Rs.20,000/- per month and the appellants/claimants have filed claim petition seeking compensation of Rs.60,00,000/-. The deceased-Vijay in MVC.No.408/2014 was aged about 28 years at the time of the accident and was doing centering work and earning Rs.20,000/- per month and the appellants/claimants have filed claim petition seeking compensation of Rs.65,00,000/-.

2(c). The respondent No.2 filed statement of objections denying the averments made in the claim petitions. It is averred that at the time of accident the driver of offending vehicle did not have a valid and effective driving license to drive such a class of vehicle and there were 52 persons travelling in the said bus against seating capacity of 48 which is violation of permit conditions. It is further averred that the deceased persons were proceeding in the bus as a gratuitous passengers. Hence, it seeks to dismiss the claim petitions.

2(d). The Tribunal recorded the evidence. The claimant in MVC.No.532/2014 have examined himself as PW-1 and got marked documents as Exs.P1 to P15. The respondent did not adduce evidence, and did not produce any document. The claimants in MVC.Nos.405, 406, 407 and 408 of 2014 have examined four witnesses as PWs-1 to PW-4 and got marked Exs.P1 to P15. The respondent examined two witnesses as RW-1 and RW-2 and got marked Exs.R1 to R9.

2(e). The Tribunal in MVC No.532/2014, awarded a total compensation of Rs.7,94,200/- along with the interest at the rate of 6% per annum and also in MVC.Nos.405/2014, 406/2014. 407/2014 and 408/2014 awarded a total compensation of Rs.13,26,000/-, Rs.12,04,000/-, Rs.7,86,000/-, Rs.11,41,000/- respectively along with the interest at the rate of 6% per annum. The Tribunal recorded the