Compensation calculations for fatalities from vehicle accidents must consider dependents' loss and fair notional income based on prior established case law.

ORAL JUDGMENT

MFA No.202156/2024 is filed by claimants seeking enhancement of compensation as awarded in the judgment and award dated 09.02.2022 passed in MVC No.567/2016 by Senior Civil Judge and Additional MACT, Basavakalyan.

2. MFA No.200680/2024 is filed by claimants seeking enhancement of compensation as awarded in the judgment and award dated 09.02.2022 passed in MVC No.569/2016 by Senior Civil Judge and Additional MACT, Basavakalyan.

3. Facts leading to file claim petitions are as under;

That on 20.12.2015 at about 4.00 p.m., deceased – Dharmanna was riding TVS XL motor cycle bearing No. KA-56 E-8560 and child –Laxuman and Channvva were pillion riders. When they reached near Dhumansur village, at that time Maruti Swift ZDI Car bearing No. KA-28 NTO- 22285 came from opposite side and he was driving the car in rash and negligent manner and lost control and dashed to the motor cycle. As a result of accident, Laxuman and Chanavva died and Dharmanna sustained severe injuries and he has also died on the spot. Legal representatives of deceased have filed claim petitions. The Tribunal has assessed compensation and passed award. Claimants have filed these appeals seeking enhancement of compensation.

4. Learned counsel for appellants in MFA No.202156/2024 would contend that Laxuman who died in the accident was aged 10 years as on the date of accident. As per judgment of Hon’ble Apex Court in the case of Thangavel and Others Vs The Managing Director, Tamil Nadu State Transport Corporation Limited , [In Civil Appeal No.3595/2024 decided on 08.08.2025.], the monthly income of the child has to be taken at Rs.5,000/- and multiplier to be applied at 16 based on the father’s age and age of the father was 32 years. She further contended that claimants being father, two sisters and grand mother are entitled to consortium and the Tribunal has erred in not awarding consortium and awarding only loss of love and affection at Rs.15,000/-. With these, she prayed to allow the appeal.

5. Learned counsel for appellants in MFA No.200680/2024 would contend that the deceased was aged 50 years and the Tribunal has rightly taken income at Rs.9,000/- and rightly applied multiplier 13. She further contended that the Tribunal has not awarded future prospectus which is required to be awarded at 10%. Claimants are four in number and they are dependants of the deceased and therefore, deductions to be taken at 1/4^th as against 1/3^rd taken by the tribunal. The tribunal has not awarded consortium to all claimants. She further contended that the Tribunal has erred in awarding interest from the date of judgment in both claim petitions and prays to award interest from the date of petition. With these she prayed to allow the appeal.

6. Learned counsel for respondent No.2 would contend that the Tribunal considering the judgment of Hon’ble Apex Court in the case of Kishan Gopal and another Vs Lala and Others , [Reported in (2014) 1 SCC] has rightly awarded compensation for loss of dependency in the case of death of Laxuman who was aged 10 years. He further contended that claimants being sisters and grand mother are not entitled consortium. He further contended that in the case of death of Dharmanna, the Tribunal has erred in taking the income at Rs.9,000/- and it is without any basis and as per chart prepared by the legal Services Authority for settlement of disputes in Lok –Aadalath, the notional income is fixed for the year 2015 is Rs.8,000/-. The compensation awarded by the Tribunal under other heads are just and proper.

7. Having heard learned counsels, this Court has perused impugned judgments and other materials placed on record.

MFA No.202156/2024 (MVC