SAVITA Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal by special leave calls in question the legal justifiability of the order dated 15.11.2016 passed by the High Court of Karnataka, Kalaburagi Bench in MFA No.201210 of 2015(MV), whereby it has dismissed the appeal filed by the appellants and confirmed the award passed by the Motor Accident Claims Tribunal No.VII, Bizapur (Vijyapur), determining the compensation amount of Rs. 8,51,000/- (Eight Lakhs Fifty One Thousand) with interest @ 6% per annum from the date of petition till its realisation. The Tribunal did not provide any interest on the medical bills amount of Rs. 21,000/- (Twenty One Thousand).

(3.) The Tribunal after analysing the evidence has held that the accident occurred on 208.2013 resulting in death of Santosh who was riding motorcycle bearing No.MH-13/BJ-2733 along with pillion riders, on account of rash and negligent driving of the transport bus of Maharashtra State Road Transport Corporation (MSRTC) bearing No.MH-14/BT-0575. That finding has been affirmed by the High Court. The High Court also affirmed the computation of compensation amount by the Tribunal quantified at Rs. 8,51,000/- (Eight Lakhs Fifty One Thousand). The Tribunal in paragraph no. 13 of the judgment took into account notional income of deceased Santosh, who was an agriculturist and also doing other work, at Rs. 5,000/- (Five Thousand) per month; and considering his age of 34 years coupled with the fact that there were 4 dependent members in the family, provided deduction towards personal and living expenses to the extent of 1/4th and applied multiplier of 16 for determining the compensation amount.