G. P. Mittal, J.:—(ORAL)

1. The Appeal is for reduction of compensation of Rs.44,83,000/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the Respondents No.1 & 2 for the death of Himanshu Prashar, who died in a motor vehicle accident which occurred on 13.05.2002.

2. The finding on negligence is not challenged by the Appellant Insurance Company; thus the same has attained finality.

3. The Claims Tribunal by impugned judgment held that the deceased Himanshu Prashar was a final year student pursuing B.E. Industrial Production Engineering from BVB College of Engineering and Technology, Hubli. The Claims Tribunal referred to the testimony of deceased’s father as PW-1 who testified that the deceased would have been placed in the salary of Rs.6 lacs to Rs. 12 lacs per annum after completing the course. In the circumstances, the Claims Tribunal made assessment of the deceased’s income to be Rs.45,000/- per month, added 50% towards future prospects, deducted 50% towards personal and living expenses to compute the loss of dependency as Rs.44,55,000/-.

4. The Appeal is filed by the Appellant Insurance Company on the premise that the compensation awarded is highly exorbitant and excessive.

5. By an order dated 21.12.2009, this Court directed summoning of the record from BVB College of Engineering regarding placement of the students. The same is extracted hereunder:-

“1. The deceased was the student of final year of B.V.B. College of Engineering and Technology, Hubli, Karnataka.

2. The learned Tribunal has taken the earning capacity of the deceased to be Rs.45,000/- per month. The learned Tribunal has thereafter taken the future prospects into consideration by adding 50% of the said amount.

3. In order to ascertain the earning capacity of the deceased, this Court is of the view that Dean of B.V.B. College of Engineering and Technology, Hubli, Karnataka should be examined to find out the average income of the students after completing the course which the deceased was doing.

4. Notice be, therefore, issued to the Dean of B.V.B. College of Engineering and Technology, Hubli, Karnataka to be personally present or send a competent officer to appear before this Court as a Court witness along with a certificate and supporting material giving the average income which the students of the course which the deceased was doing, are earning.

5. Notice to the Dean of B.V.B. College of Engineering and Technology, Hubli, Karnataka be given Dasti to learned counsel for respondent Nos.1 and 2 who shall serve the same dasti…….”

6. Summons were repeatedly sent to the Principal of the College either to appear by his own or to produce some responsible officers to produce the record with regard to the placement of the students. The same was, however, not produced. Ultimately, on 20.11.2012, the Principal of the College deposed that the placement record pertaining to the year 2001-2003 has not been preserved and the same is not available.

7. It is urged by the learned counsel for the Appellant that in the year 2002, the salary of a Class I officer in the Central Govt. inclusive of HRA was about Rs.15,000/- per month. The deceased was not pursuing engineering from any prestigious institute like IIT, Delhi College of engineering or any Regional Engineering College. He was pursuing Engineering in Industrial Production from BVB College of Engineering and Technology, Hubli. Thus, at the most the deceased’s income could be taken as Rs.15,000/- per month.

8. On the other hand, learned counsel for the Respondents (the Claimants) has relied upon some of the documents placed on record of the Claims Tribunal. The Respondents placed on record the photocopy of the letter dated 19.02.2007 addressed to Mr. Suresh Nagaraja, Senior Consultant, who was informed that his salary had been increased to Rs.6,23,362/-p.a. Similarly, annual salary of Mr. Rajeev Biradar placed on record by the Respondents in the year 2007 was Rs.4,00,000/-; salary of Amit Dix