MANIKYAPPA Vs. UDAYAKUMAR PALANKI

JUDGEMENT

(1.) The claimants before the Motor Accident Claims Tribunal, Sedam, in MVC No.877/2016, are before this Court as appellants seeking enhancement of the compensation awarded by the Tribunal.

(2.) The undisputed facts are that Smt. Manikyamma @ Manikamma and other persons were returning to their village Ulligundam, after completion of coolie work at Silarkot in an autorickshaw bearing Reg.No.TS-06/UA-3155, on 19.08.2016 at about 7.00 p.m., when a car bearing Reg.No.TS-09/EG- 7189, coming from the opposite direction, near Antharam gate, dashed against the autorickshaw. Consequently the autorickshaw over-turned and the occupants of the autorickshaw, including Smt. Manikyamma sustained grievous injuries. Smt. Manikyamma was shifted to the Government General Hospital, Kalaburagi and subsequently breathed her last. The Tribunal held that the accident occurred due to the rash and negligent driving of the car bearing Reg.No.TS-09/EG-7189. The insurer of the car and the owner of the car were jointly and severally held liable to pay compensation to the claimants. The Tribunal awarded Rs.5,52,500/- along with interest at the rate of 6% per annum, as compensation, payable by the second respondent - Insurance Company.

(3.) The contention of the appellants is that the Tribunal has taken notional income of the deceased at Rs.7,500/- per month, disregarding the evidence on record which would show that the deceased was working as agricultural coolie and earned Rs.10,000/- per month. It is further contended that the Tribunal has also not considered awarding compensation under the head 'loss of future prospects'. Moreover, it is submitted that the Tribunal erred in holding that the claimants have failed to prove that the family depended on the income of the deceased and therefore wrongly came to a conclusion that the annual income of the deceased is Rs.90,000/- and further proceeded to deduct 3/4th of her income towards the living and personal expenses. The Tribunal has taken the multiplier of '15', having regard to the age of the deceased as 40 years and thereafter proceeded to arrive at the loss of dependency at Rs.3,37,500/-. However, in the conclusive portion the Tribunal has awarded the said sum of Rs.3,37,500/- towards 'loss of estate' and not 'loss of dependency'.