MOHAN SHETTY Vs. DIVISIONAL CONTROLLER, KSRTC

JUDGEMENT

(1.) Heard the learned counsel for the parties and perused the appeal papers.

(2.) In respect of an accident which occurred on 8/4/2012, the claimants had sought for compensation for the death of a 29 years old son. The Motor Accidents Claims Tribunal (For short "MACT") at the first instance through its Award dtd. 10/12/2015 had awarded a sum of Rs.6,72,000.00. The High Court has enhanced the amount through its judgment dtd. 17/3/2016 by a further sum of Rs.1,59,000.00. The only question for consideration herein is with regard to the quantum of compensation by taking into consideration the salary that was claimed by the parties. The Tribunal at the first instance had discarded the claim made by the claimants that the deceased was earning a sum of Rs.15,500.00 and had reckoned the notional income at Rs.8,000.00 per month. The High Court has retained the same but corrected the multiplier and awarded the additional compensation.

(3.) On that aspect of the matter we note that before the Tribunal the claimants had examined the Executive Director wherein the deceased was said to be working, as PW-3 and it was contended that the salary was being paid by cash. It is in that view, the Tribunal as well as the High Court did not accept the claim. Even if that be so, taking into consideration that the accident had occurred in the year 2012 and the employment of the deceased to that extent was established by examining the employer. The MACT in its judgment has recorded as hereunder: