The assessment of compensation for fatal accidents requires consideration of notional income and adjustments for contributory negligence.

JUDGMENT

Challenging the impugned award passed by the tribunal in MCOP.No.56 of 2020, the petitioners have preferred this Civil Miscellaneous Appeal seeking for enhancement of compensation.

2. The claimants are father and sisters of deceased. The case of the claimants is that on 09.07.2019 at about 13.15 hours, the petitioner's son was riding his two wheeler bearing Regn. No. TN-70 K-5077 in Bagalore to Hosur Road. While nearing Liberty show room, the driver of Tipper Lorry bearing Regn. No. KA-59-0947 drove it in a rash and negligent manner without any signal or sound in the opposite direction from Hosur towards Bagalore, dashed the petitioner's two wheeler and caused an accident. Due to which, the deceased sustained fatal injuries, for which he underwent treatment in the hospital, but he died inspite of treatment. Under these circumstances, the claim petition came to be filed before the Tribunal seeking for payment of compensation of Rs.40,00,000/-.

3.The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the rider of the 1st respondent. Having come to such a conclusion, the Tribunal fixed the total compensation payable at Rs.9,36,792/- under various heads as follows:

4.The above compensation was directed to be paid with interest at the rate of 7.5% per annum.

5. The learned counsel for appellants would argue that the accident was happened in the year 2019, but without considering the cost of living at that time, the tribunal had fixed the notional income as Rs.8000/-. Hence, they prayed for enhancement of compensation.

6. The learned counsel for 2nd respondent raised objections stating that the deceased was a Bachelor and since there is no income earned by him, the Tribunal had rightly fixed the notional income as Rs.8000/-, which needs no interference.

7. Heard rival submissions of both learned counsel for appellants and respondents and perused the materials available on record.

8. On seeing the facts, it reveals that the accident was happened in the year 2019, even per day the income is to be considered as a sum of Rs.500/-, he would have earned Rs.15,000/-. Therefore, this Court is inclined to enhance the notional income of the deceased Nagaraj from Rs.8000/- to Rs.15000/-. The compensation that has been fixed under the other heads are reasonable and does not require the interference of this Court.

9.In the light of the above discussion, the compensation awarded by the tribunal is modified as follows: