Determination of compensation for wrongful death must utilize notional income when actual income is unproven and it should reflect the loss suffered by claimants, including appropriate filial consortium.

JUDGMENT :

S.G. PANDIT, J.

1. The claimants/parents of the deceased are before this Court, not being satisfied with the quantum of compensation awarded under the judgment and award dated 10.01.2025 in MVC No. 284/2024 on the file of the VIII Additional Judge and Court of Small Causes and Motor Accident Claims Tribunal, Bengaluru (for short “the Tribunal”) and praying for enhancement of compensation.

2. The brief facts of the case are that:

The parents of the deceased filed a claim petition under Section 166 of the Motor Vehicles Act, 1989, claiming compensation for the death of their son B.R. Manoj Gowda in a road traffic accident that occurred on 11.12.2023 involving motor cycle bearing registration No.KA-51-HU-4097 and a lorry bearing registration No.KA-53-D-4720. It is stated that the deceased was aged about 18 years as on the date of accident and he was earning a sum of Rs.30,000/- p.m. by running a Cyber Center at Attibele.

3. On issuance of notice, the respondent-Insurance Company appeared before the Tribunal and filed their written statement, denying the claim petition averments. Further, the respondent-Insurance Company stated that the alleged accident occurred solely due to negligence on the part of the deceased himself and deceased was riding the vehicle without wearing helmet as on the date of accident. The second respondent also filed its written statement stating that the Policy issued by the first respondent was in force and it was also stated that the driver of the offending Lorry was not possessing valid and effective Driving Licence as on the date of accident.

4. Before the Tribunal, the second claimant, father of the deceased got examined himself as P.W.1 apart from marking the documents as Ex.P1 to Ex.P9. On the other hand, the respondents have not adduced any evidence in support of their contention.

5. The Tribunal, on appreciating the material on record, awarded total compensation of Rs.23,75,800/- under the following heads, along with interest at the rate of 6% p.a. from the date of petition till its realization:

The claimants not being satisfied with the quantum of compensation are before this Court in this appeal.

6. Heard learned counsel Sri.Chandrashekar Swamy K.B., for appellants and Sri.D.Vijaya Kumar, learned counsel for respondent No.1. Perused the entire appeal papers.

7. The claimants are before this Court claiming enhancement of compensation. It is specifically stated that the Tribunal committed an error in assessing the income of the deceased at Rs.15,250/- p.m. It is stated that the income in terms of the notional income chart prepared by the Karnataka State Legal Services Authority for the year 2023 would be Rs.16,000/- p.m. As such the income assessed for the accident of the year 2023 at Rs.15,250/- p.m. is on the lower side and it is prayed to assess the income of the deceased at Rs.16,000/- p.m. Further, it is contended that consortium awarded by the Tribunal at Rs.20,000/- each is on the lower side. It is submitted that, in terms of the decision of the Hon'ble Apex Court in Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram and Others , (2018) 18 SCC 130 the claimants would be entitled for consortium of Rs.40,000/- each. Thus, it is prayed for enhancement of compensation on the head loss of consortium.

8. Per contra, learned counsel Sri.D.Vijaya Kumar, appearing for respondent-Insurance Company would submit that the compensation awarded by the Tribunal is just and reasonable