IRAPPA Vs. NARAYAN B. WAGH

JUDGEMENT

(1.) This miscellaneous first appeal is filed by the appellants who were claimants before the Motor Accident Claims Tribunal, Vijayapur, in MVC No.162/2017, seeking enhancement of the compensation awarded by the Tribunal.

(2.) The facts that led to filing of the claim petition are that on 16.01.2017, at about 9 o'clock in the night, the deceased Gururaj Bannatti, while riding his motorcycle bearing registration No.KA-29/Y-9208, met with an accident near Banashankari Nagar on Badami Banashankari road. The Tribunal has come to a conclusion that the accident was caused due to the rash and negligent riding of another motorcycle bearing chassis No.VBKJUC4M4CC0306, belonging to respondent No.1 herein. Though the appellants herein claimed that the deceased who was aged about 22 years old at the time of accident, was working as a Supervisor under a Class-1 Contractor and was earning Rs.15,000/- per month, apart from Rs.2,00,000/- per annum from agricultural sources, the Tribunal did not accept the said contention. However, the Tribunal assessed the income of the deceased by taking the notional income at Rs.7,000/- per month and applying multiplier of 18, arrived at the loss of dependency at Rs.7,56,000/-. Under the other conventional, in all a sum of Rs.70,000/- has been awarded.

(3.) The learned counsel for the appellants submits that even according to the chart prepared by this Court, for an accident that occurred in the year 2017, the notional income should have been taken at Rs.10,250/- per month and not Rs.7,000/- per month. The learned counsel would further submit that the Tribunal has erred in not considering the loss of future prospects.