POORNIMA Vs. SHIVAYYA

JUDGEMENT

(1.) The claimants before this Court are seeking enhancement of compensation awarded under the judgment and award dtd. 21/6/2016 in MVC No.452/2014 passed by the Principal Senior Civil Judge and Additional M.A.C.T., Dharwad (for short "the Tribunal").

(2.) In nature of the contentions advanced before us and the grounds urged, detailed reference to the facts of this case is not necessary except stating that the deceased was working as a trainee-driver in NWKRTC and while he was riding motorcycle bearing registration No.KA-17/J-4822 on 27/12/2013 the offending motorcycle bearing registration No.KA-25/EF-2800 driven by its rider in a rash and negligent manner came from behind and dashed against his motorcycle resulting in deceased suffering grievous injuries to which he succumbed while undergoing treatment on 19/4/2014.

(3.) The contention advanced by the learned counsel for the appellants-claimants is that even as per the chart prepared by the Karnataka Legal Services Authority, which is being followed throughout the State of Karnataka the notional income for a person dying in motor vehicle accident in the year 2014 is Rs.7,500.00 and deceased being a trainee- driver under NWKRTC, which is a Government Corporation, his income requires to be assessed at least on par with a coolie for the purposes of determining the multiplicand and therefore, the monthly notional income of Rs.7,500.00 mentioned in the chart being higher than the emoluments fixed at Rs.7,150.00 should have been taken as his monthly income. Learned Tribunal has committed an error in not including the component 'loss of future prospects' and that in fact is required to be taken at 50% of the income having regard to the age of the deceased, which was 32 years and his employment being under the Government Corporation and therefore, the said lacuna in the judgment and award is required to be rectified. Therefore, he submits that the award of compensation computed is incorrect and same is required to be recomputed and compensation awarded by the learned Tribunal is required to be enhanced.