SHOBHA Vs. PRAMODA KANCHAN

JUDGEMENT

(1.) Having lost the sole bread-earner of the family, Mr.Raghu Devadiga, in an accident, having been granted a compensation of Rs. 11,66,460/-, by award dated 07.10.2014, passed by the Senior Civil Judge & Addl. Motor Accident Claims Tribunal, Kundapura, (the 'learned Tribunal' for short), the appellants have filed the present appeal for enhancement of the compensation amount.

(2.) The brief facts of the case are, on 09.12.2013, at about 09.30 P.M., Mr.Raghu Devadiga was standing on the eastern side, mud portion of National Highway-66. At that time, a motorcycle, bearing Reg.No.KA-20-ED-3645, came from the side of Kundapura, in a rash and negligent manner, and dashed against Mr.Raghu Devadiga. Consequently, Mr. Raghu Devadiga sustained grievous injuries. He was immediately rushed to the District Hospital, where he succumbed to the injuries on 24.12.2013. Since, the wife, three children, sister and mother of Mr.Raghu Devadiga, suddenly lost the bread-earner, they filed a claim petition before the learned Tribunal. In order to support their case, they examined appellant No.1, Smt. Shobha R., wife of the deceased, as a single witness, and submitted twenty-two documents. Although, the Insurance Company did not examine any witness, it did submit a single document. Thereafter, the learned Tribunal granted the compensation along with interest @ 6% per annum from the date of filing of the petition, till the date of realization. Hence, the present appeal before this Court.

(3.) Mr. H. Pavana Chandra Shetty, the learned counsel for the appellants, has raised the following contentions before this Court: firstly, although the claimants had pleaded that the deceased was working as a mason, and was earning Rs. 18,000/- per month, but the learned Tribunal has assessed his monthly income as miserly Rs. 5,500/-. According to the learned counsel, since deceased was supporting a large family consisting of six persons besides himself, the notional income should be taken even more than the one prescribed by this Court in the Schedule prepared by this Court. According to the Schedule, for an accident of 2013, the monthly income should be taken as Rs. 8,000/-. However, the learned counsel pleads that since a large family was being supported by the deceased, his income should be notionally assessed as at least Rs. 10,000/- per month.