SANJEEVI N. SHETTY Vs. SRINIVAS SHETTY

JUDGEMENT

(1.) THE case of the claimants is that on 8.8.2009 at about 14.30 hours deceased Naveenchandra Shetty was riding his motor cycle bearing No. AP -15 -AF -1000 from Kundapura to Gulavady side. At that time, the driver of a bus bearing No. KA -20 A -3098 drove the vehicle in a rash and negligent manner and dashed against the 'motor cycle. The deceased fell down, sustained injuries and died. He was working as an electric contractor and was earning more than Rs. 3,00,000/ - p.a. The petitioners being his wife and minor child, filed a claim petition under Section 166 of Motor Vehicles Act, 1973. The Tribunal awarded Rs. 13,64,333/ - along with interest. Seeking enhancement of compensation, the claimants have filed MFA No. 5061/2012. The insurer has filed MFA. Crob. No. 26/2013 questioning the excessive grant of compensation.

(2.) HEARD learned counsel.

(3.) WE are of the considered view that the notional income held by the Tribunal requires to be modified. The income tax returns for the year 2009 -10 shows income from business to the tune of Rs. 1,26,540/ -. The returns for the previous years are increased by Rs. 15,000/ - to Rs. 20,000/ - annually. Therefore, it cannot be said that only because the returns were filed by the legal representatives, the same should be disbelieved. Since the returns for the year 2009 -10 have been filed, the same figure requires to be adopted as income from business. For the years 2002 to 2004, the income from agriculture was showed at Rs. 13,000/ - p.a. Hence, for the accident that occurred in the year 2009, we are of the view that notional agricultural income of Rs. 15,000/ - p.a. be considered. Hence, income from business and from agriculture would be Rs. 1,26,540 + Rs. 15,000/ - = Rs. 1,41,540/ - p.a. 30% of the same requires to be added towards future prospects since the deceased was aged 45 years at the time of accident which would come to of Rs. 42,462/ -. Hence, the notional income would be Rs. 1,41,540/ - + Rs. 42,462/ - = Rs. 1,84,002/ - which is rounded to Rs. 1,84,000/ -. 1/3rd of the same is deducted towards the personal expenses of the deceased and the same would come to Rs. 1,22,666/ -. He was aged 45 years at the time of accident. Hence, the appropriate multiplier would be 14. Hence, the compensation to be awarded towards 'loss of dependency' would be Rs. 17,17,324/ -.