MANAGING DIRECTOR Vs. KUMARI DIVYA

JUDGEMENT

(1.) The 1st and 2nd respondents in MVC No.633/2010, on the file of Fast Track Court-I and Additional MACT, Belagavi, have come up in appeal in MFA No.103120/2014 impugning the judgment and award dated 12.4.2014, so far as it pertains to quantum of compensation is concerned. So far as 3rd and 4th respondents in the said claim petition are concerned, they have come up in appeal in MFA No.100044/2015 seeking enhancement of compensation.

(2.) Admittedly, the claim petition was initially filed by respondents No.1 and 2 represented by their mother Smt.Anita, all three of them were seeking compensation for the death of father of respondents No.1 and 2, Kiran Dolekar, who died in a road traffic accident dated 21.12.2009 involving KSRTC bus bearing registration No.KA-22/F-1342. Accident is not in dispute, so also death of Kiran Dolekar. In the claim petition filed by widow and children of deceased Kiran Dolekar, his parents were arraigned as respondents No.3 and 4. In the said proceedings, the tribunal taking his income at Rs. 10,000/- per month, in the absence of proof or evidence regarding avocation, as on the date of death, proceeded to calculate compensation by adding another 50% towards future prospects and taking the notional income at Rs. 15,000/-, awarded a total compensation in a sum of Rs. 24,40,000/- payable with interest at 6% p.a. from the date of petition till realization.

(3.) It is this portion of the judgment which is subject matter of challenge by respondents No.1 and 2 on the premise that in the absence of proof of income what should be considered is Rs. 5,000/- per month, based on the chart prepared by legal service authority and accordingly the compensation awarded is on higher side.