CHANDRAMMA Vs. MALLIKARJUNA SHAHAPUR

JUDGEMENT

(1.) With the consent of learned counsel appearing for the parties, the appeal is taken up for final disposal at this stage itself.

(2.) The claimants had preferred petition under Section 166 of the Motor Vehicles Act, 1988 ('the Act' for short) against the respondents for grant of compensation with costs and interest. It was contended that the deceased Maruteppa Dasar @ Maruti met with a road traffic accident on 12.02.2014 at 7.45 p.m. while proceeding on a motor cycle along with his son due to the rash and negligent driving of the driver of the tractor bearing Reg.No.KA-37/TA-828 (offending vehicle) driven by the respondent No.1. The insurer of the offending vehicle had contested the claim before the Tribunal. On appreciation of evidence, the Tribunal has awarded a total compensation of Rs.8,27,000/- with interest at 6% per annum from the date of petition till the realisation. Being dissatisfied with the quantum of compensation awarded, the claimants are in appeal.

(3.) The sole ground of challenge is inasmuch as the assessment of monthly income of the deceased as Rs.6,000/-. It is submitted that the deceased was aged about 45 years and was an agriculturist, even in the absence of cogent evidence placed on record to establish the factum of income, it was incumbent on the Tribunal to determine the monthly income notionally at Rs.7,500/- which is normally adopted by this Court in identical circumstances. Further it is submitted that deduction of 1/4th of the income towards the personal and living expenses of the deceased is on the lower side considering the larger family consisting of nine claimants.