P. Sam Koshy, J
1. The present appeal under Section 173 of the Motor Vehicles Act has been filed by the claimants seeking enhancement of compensation
against the award dated 29.09.2012 passed by the Additional Motor Accident Claims Tribunal, Kunkuri (in short, the Tribunal) in Claim Case
No.55/2008. Vide the said impugned award, the Tribunal after assessing 50 percent contributory negligence, has awarded a compensation of
Rs.1,93,750/- to the claimants along with interest @ 6 percent per annum from the date of application.
2. Counsel for the appellants-claimant submits that the amount of compensation awarded by the Tribunal is unreasonably low inasmuch as the
income assessed so also the multiplier has not been properly applied. The claimants are also entitled for compensation under future prospects.
The amount awarded under conventional head is also unreasonably low. Thus, prayed for amount to be suitably enhanced.
3. The counsel for the insurance company, however opposing the appeal submits that there is clear finding of the Tribunal that the deceased in
the instant case was driving the vehicle without license and therefore, there is a clear breach of policy conditions and as such the insurance
company cannot be held liable to pay any compensation to the claimants. Even otherwise, the findings of the contributory negligence seems to
be justified. Therefore, the appeal does not have any merit and the same deserves to be rejected.
4. Considering the submissions put forth on either side and on perusal of records, what is undisputed is the date of accident 04.09.2008 and the
resultant death of Satish Ekka, aged around 20 years; the vehicle in which the deceased was travelling was a motorcycle bearing registration
No.CG-15-D-5435 and on the date of accident he was hit by Truck bearing registration No.CG-04-G-5659. Admittedly, the claimants in their
pleadings and evidence have accepted the fact that the deceased did not have a license. In the given circumstances, the findings of
contributory negligence cannot be found fault with and the same is therefore upheld.
5. So far as quantum of compensation is concerned, the date of accident is 04.09.2008. The income assessed by the Tribunal is Rs.3750/- per
month. Considering the period of accident, this court is of the opinion that at the relevant time even an unskilled labour would had been earning
more than Rs.150/- a day which would make minimum monthly income at Rs.4500/-. Therefore, this court has no hesitation in assessing the
income of the deceased at Rs.4500/- per month. In addition the claimants would also be entitled for 40 percent of the said amount towards
future prospects.
6. Accepting Rs.4500/- as monthly income, if 40 percent of it is added towards future prospects, the monthly income would reach to Rs.6300/-
i.e. Rs.75,600/-annually of which if 50 percent is deducted towards personal expenses, the amount left would be Rs.37,800/-, which if
multiplied by applying the multiplier of 18 instead of 15, the amount would become Rs.6,80,400/-. Since there is a finding of contributory
negligence of 50 percent against the deceased, the claimants as such would be entitled for 50 percent of the said amount i.e. Rs. 3,40,200/-
towards loss of dependency. In addition, the claimants shall also be entitled for an additional lump sum amount of Rs.40,000/-under the
conventional head to make the total compensation payable at Rs.3,80,200/- instead of Rs.1,93,750/- as awarded by the Tribunal.
7. The above enhanced amount of compensation shall also carry interest at the same rate as awarded by the Tribunal.
8. Accordingly, the appeal of the appellant-claimants stands allowed and disposed of.