DIVISIONAL CONTROLLER Vs. V.RATHNAMMA

JUDGEMENT

(1.) Heard the appellant counsel i.e. counsel for the NWKRTC and for the claimants, questioning the quantum of compensation and also not taking of contributory negligence in the award passed in MVC No.474/2010 on the file of Motor Accidents Claims Tribunal X, at Ballari, dtd. 24/1/2011.

(2.) The factual matrix of the case of the claimants before the tribunal is that, the motorcyclist was proceeding on 7/2/2010 in his motorcycle and the driver of the bus who came in the opposite direction driven the same in a rash and negligent manner and dashed against him, as a result he died on the spot and a case has been registered against him and the matter has been investigated and filed charge-sheet. The claimants in order to prove their case, examined one witness as P.W.1 and also examined P.W.2 and got marked Ex.P.1 to Ex.P.23. On the other hand, the NWKRTC examined the driver of the bus as R.W.1 and not marked any documentary evidence.

(3.) The tribunal after considering both oral and documentary evidence awarded compensation of Rs.4,39,000.00 with 6% interest. Hence, the present two appeals are filed by the NWKRTC and the claimants. The NWKRTC in its appeal took the specific contention that, he was an agriculturist and the tribunal ought not to have considered the income of the deceased at anything more than Rs.3,000.00 per month and children are major and ought not to have deducted 1/4th. On the other hand, the claimants counsel would submits that, this is an accident of the year 2010 and the income taken only Rs.4,000.00 and ought to have taken the notional income at Rs.5,500.00 . The tribunal also not added future prospectus and the deceased was aged about 55 years as on the date of the accident and hence, 10% has to be added as future prospectus. The counsel also would submits that, the relevant multiplier applicable is '11''.