VANAJAKSHI Vs. K.G. HANUMANTHAPPA

JUDGEMENT

(1.) THE case of the claimants is that on 18.11.2008 when the deceased was proceeding from Harihar Check Post to Harihar Town on a motor cycle bearing registration No. KA -27 -L -6870, a tractor -trailer bearing registration No. KA -17 -T -6855 -6856 came from the opposite direction. The driver of the tractor -trailer drove the vehicle in a rash and negligent manner and suddenly took a curve and the accident occurred. The deceased sustained grievous injuries and died on the way to the hospital. The deceased was aged about 38 years as on the date of the accident and was earning Rs. 25,000/ - per month. The parents, wife and two minor children of the deceased filed a claim petition under Section -166 of the Motor Vehicles Act.

(2.) ON liability, the Tribunal held that since the driver of the tractor -trailer possessed a licence only to drive a tractor and he did not have a licence to drive a tractor -trailer, the Tribunal absolved the insurer to pay the compensation and held the owner of the vehicle liable. The Tribunal awarded a total compensation in a sum of Rs. 5,70,000/ - along with interest at 6% per annum. The claim petition filed by the father of the deceased was rejected, since he was not a legal representative of the deceased. Aggrieved by the same, the father of the deceased has filed MFA No. 10852/2012 and the claimants have filed MFA No. 2044/2012.

(3.) SO far as the enhancement of the compensation is concerned, the Tribunal held the notional income of the deceased at Rs. 4,000/ - per month. The deceased was an agriculturist owning lands. He was also running a enterprise in the name of M/s. Banashankari Seeds Corporation Limited at Harihar. He was also vending milk. Following the decision of the Hon'ble Supreme Court in the case of Ramachandrappa vs. The Manager, Royal Sundaram Aliance Insurance Company Limited, reported in : AIR 2011 SC 2951, it would be appropriate to hold the income of the deceased at Rs. 10,000/ - per month. Since there are 5 dependents, the appropriate deduction would be 1/4th towards personal expenses. The deceased was aged 38 years as on the date of the accident. The appropriate multiplier would be '15'. Hence, the loss of dependency is worked out as follows: