Court reassessed compensation for accidental death, increasing the awarded amount based on professional capacity and loss of consortium.

JUDGMENT

Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal.

2. The claimants are in appeal praying for enhancement of compensation, not being satisfied with the quantum of compensation awarded under judgment and award dated 08.01.2018 passed in MVC No.318/2016 on the file of learned Senior Civil Judge and Member, MACT, Hungund (for short, ‘Tribunal’).

3. The claimants, who are wife, two children and parents of the deceased Prabhu Hiremath, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation for the accidental death of Prabhu Hiremath that took place on 24.11.2014 involving Car bearing registration No.KA-29/M-5730. It is stated that the deceased was aged 29 years as on the date of the accident and he was BAMS doctor by profession, earning Rs.70,000/- per month.

4. On appearance, respondent No.5-Insurance Company filed statement of objections denying the entire claim petition averments, but admitted that the car in question was duly insured with it as on the dated of the accident. It was contended that the driver of the car in question was not having valid and effective driving license as on the date of the accident. Thus, sought for dismissal of the claim petition.

5. Before the Tribunal, claimant No.3-wife of the deceased examined herself as PW1 apart from marking the documents as Exs.P1 to P26. Respondent No.5-Insurer did not examine any witness, but marked insurance policy as Ex.R1. The Tribunal based on the material on record awarded a total compensation of Rs.33,68,000/- with interest at 7% per annum from the date of petition till realization on the following heads:

Loss of dependency Rs.32,13,000/- Conveyance Rs. 5,000/- Funeral expenses Rs. 15,000/- Loss of Estate Rs. 15,000/- Loss of consortium Rs. 40,000/- Loss of love & affection Rs. 80,000/-

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Total Rs.33,68,000/-

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6. While awarding the above compensation, the Tribunal determined the income of deceased at Rs.15,000/- per month, added 40% of the same towards future prospects, applied multiplier of 17, deducted 1/4th towards personal expenses of the deceased. The appellants/claimants are in appeal praying for enhancement of compensation, not being satisfied with the quantum of compensation awarded by the Tribunal.

7. Sri.Shivakumar S Badawadagi, learned counsel for the appellants/claimants with vehemence contends that the income assessed by the Tribunal at Rs.15,000/- per month is on the lower side, since the deceased Prabhu was BAMS doctor by profession and running clinic in the name and style “Jyoti Clinic”, earning more than Rs.70,000/- per month. He submits that to establish the earning of the deceased, the claimants had produced Ex.P10-Registration Certificate issued by the competent Authority to run Ayurvedic Clinic for the period from 15.12.2010 to 14.12.2015. Therefore, he submits that the Tribunal taking note of Ex.P10 ought to have assessed the income of the deceased at least Rs.50,000/- per month. He further submits that the Tribunal failed to award loss of consortium of Rs.40,000/- each to all the claimants as held by the Hon’ble Apex Court in the case of Magma General Insurance Co. Ltd. Vs. Nanu Ram & Others1. Thus, learned counsel prays for allowing the appeal by enhancing the compensation.

8. Per contra, Sri.N.R.Kuppelur, learned counsel appearing for respondent No.5/Insurance Company strenuously contended that the Tribunal is justified in assessing monthly income of the deceased at Rs.15,000/-, in the absence of any cogent material on record to establish that the deceased was earning Rs.70