The proper assessment of negligence and income in fatal accident cases is essential for determining just compensation, reinforced by precedent in awarding future loss prospects.

JUDGMENT :

VIJAYKUMAR A. PATIL, J.

1. MFA No.100778/2020 is filed by the appellants/claimants seeking enhancement of compensation, whereas MFA No.100394/2020 is filed by the appellant/Insurance company challenging the judgment and award dated 03.10.2019 passed in MVC No.1003/2016 by the I Additional Senior Civil Judge and CJM, Dharwad (for short ‘Tribunal’).

2. Brief facts leading to filing of these appeals are that on 25.10.2016 at about 10.20 p.m., the deceased- Nagesh was proceeding as pillion rider on the motorcycle bearing Reg.No.KA-22-S-4075. When the said motorcycle reached near M.T. Mill Cross, on Karwar road, at that time, rider of Active Honda motorcycle bearing Reg.No.KA-25-EM-8374 came from Girani Chawl towards Indi Pump in a very high speed and rash and negligent manner and caused the accident, the deceased- Nagesh sustained grievous injuries and succumbed to those injuries in the Hospital while taking treatment on 26.10.2016.

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3. Sri.N.R.Kuppelur, learned counsel for the appellant/insurer contends that the complaint was lodged by the brother of the deceased on 25.10.2016 and the said complaint indicates that deceased was riding the motorcycle. However, the Police colluding with the claimants, recorded further statement of the complainant and in the further statement it was recorded that the deceased was a pillion rider and one Sri.Khalander was a rider of the motorcycle and based on the further statement, FIR was registered, investigation was completed and charge sheet was filed against the rider of the motorcycle bearing Reg.No.KA-25-EM-8374 and saddled the liability on the appellant/insurance company. The filing of the charge sheet is at the instance of the claimants only to avoid the contributory negligence of the deceased as he was negligent in riding the motorcycle.

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4. It is further submitted that the Tribunal assessed the income of the deceased at Rs.10,000/- per month which is required to be reassessed at Rs.8,750/- as per the notional income chart prepared by the Karnataka State Legal Services Authority and also submitted that the interest awarded by the Tribunal at 9% is required to be reduced to 6% p.a. Thus, he seeks to allow the appeal filed by the insurance company by shifting liability on the deceased.

5. Sri. Vinay S. Koujalagi, learned counsel appearing for the appellants/claimants supports the impugned judgment and award of the Tribunal insofar as liability is concerned. It is submitted that the Tribunal committed an error in ignoring Ex.P-13 which indicates that the deceased was drawing salary of Rs.14,000/- per month. Hence, he seeks to reassess the income of the deceased at Rs.14,000/- per month and to allow the appeal filed by the claimants.

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6. Having heard the learned counsels for the parties and on perusal of the material available on record as well as original records of the Tribunal, the point that would fall for consideration in the present appeal is, whether the award of compensation by the Tribunal is just and proper?

7. Answer to the above point would be in the ‘partly affirmative’ and ‘partly negative’ for the following reasons:

(a) The pleading and evidence on record indicate that on 25.10.2016, the brother of the deceased filed a complaint before the Hubballi North Traffic Police by alleging that his brother, deceased –Nagesh Pai was proceeding on his motorcycle and the rider of the motorcycle bearing Reg.No.KA-22-S-4075 caused the accident. The compliant at Ex.P2 indicates that the deceased was rider of the motorcycle bearing Reg.No.KA-25-EM-8374. During the course of investigation, the Police recorded further statement of the complainant. The further statement indicates that the deceased Nagesh was a pillion rider and one Khalander was riding the motorcycle. Based on the further statement, the investigation was carried out and filed a charge sheet against the rider of the motorcycle bearing Reg.No.KA-25-EM-8374. The copy of the FIR, complaint, further statement, crime detail form, MVI