PRAKASH NAIDU Vs. RAJ NARAYANA DUBEY

JUDGEMENT

(1.) THE case of the claimants is that on 9 -3 -2010 at about 8.00 pm, when the deceased was proceeding on motorcycle bearing registration No MP -09 ML -0733, near Meghdooth Dhaba, Indore Road, Ujjain, Madhya Pradesh, a tempo bearing registration No MP -13 R -0112 came in a rash and negligent manner from the opposite direction and dashed against the motorcycle. He sustained severe injuries. He was shifted to the government hospital, Ujjain. Then he was shifted to Bombay hospital, Indore. Further, he was taken to BGS Global hospital, Victoria hospital and St Johns Medical College hospital Bengaluru. He was treated as an inpatient ever since the date of accident. He died on 14 -6 -2010. Hence, the claimants filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation.

(2.) THE tribunal held that there were three persons travelling on the motorcycle and therefore the deceased was negligent to the extent of 10% in causing the accident. The Tribunal awarded a total compensation of Rs. 16,00,000/ - and deducting 10% thereof towards contributory negligence, the Tribunal held that the claimants were entitled to a sum of Rs. 14,40,000/ - with interest at the rate of 6% p.a. Seeking enhancement of compensation, the claimants have filed the MFA 990 of 2014. The insurer has filed MFA No. 6916 of 2013, questioning the excess compensation.

(3.) IN so far as enhancement of compensation is concerned, the deceased was said to be an engineering graduate and was a team leader working in First Source Solutions and earning a monthly salary of Rs. 10,000/ -. The tribunal accepted the same. However, we are of the considered view that keeping in mind the qualification of the deceased and that he was working as a team leader in a reputed company, it is appropriate that the future prospects be granted to the claimants, since he was aged only 24 years at the time of accident. It is appropriate to add 50% of the income towards his future prospects. Hence, the monthly notional income would be Rs. 15,000/ -. He being a bachelor, 50% of the income requires to be deducted towards personal expenses. On applying the multiplier of 13, the loss of dependency would be Rs. 15,000/ - less 50%x 12 x 13 = Rs. 11,70,000/ -.