LALITHA Vs. RAJASHEKARA MURTHY

JUDGEMENT

(1.) Heard the learned counsel for the appellants and learned counsel for respondent-Insurer.

(2.) The appellants are in appeal challenging the judgment and award passed in MVC.No.831/2015 to the extent of the disallowed claim. In terms of the judgment and award dtd. 4/1/2016, 5th Additional District and Sessions Judge, Hassan, has awarded compensation of Rs.4,35,000.00 along with interest @ 6% p.a. from the date of petition till date of deposit.

(3.) The Insurer has questioned the liability. The deceased was aged about 60 years at the time of accident. The accident occurred in the year 2015. The claim petition is filed by the wife and four children of the deceased. The claimants claim that the deceased was earning an income of Rs.15,000.00 per month and the was not established. The tribunal has taken the income of deceased at Rs.5,000.00. In the absence of proof relating to income, the chart prepared by the Karnataka State Legal Services Authority would be the guiding factor to determine the notional income. The accident for the year 2015, Rs.9,000.00 would be the income per month. Since the deceased was aged about 60 years at the time of the accident, 10% to be added towards future prospects. Thus, the notional income would be Rs.9,900.00. The appropriate multiplier would be '9'. Since the deceased is survived by five dependents, 1/4th has to be deducted towards personal expenditure of the deceased. In that event, the compensation payable under the head of loss of dependency is Rs.8,01,900.00 (Rs.9,900.00 x 12 x 9 x ).