Angoori Devi and others vs Managing Director, BMTC Division, Bangalore and another

Ram Mohan Reddy, J. - Though the appeal is listed for orders, with the consent of the learned counsel for parties, Appeal is heard finally and disposed by this order.

Claimants in MVC No. 7753/2009, dissatisfied with the quantum of compensation awarded by the VIII Addl. Judge, Court of Small Causes and Member, MACT-V, Bengaluru, (for short `MACT''), by common judgment and award dated 05th August, 2010, have presented this appeal for higher compensation.

In the accident that occurred on 29.9.2009 involving the motor vehicle insured by respondent No. 2/ United India Insurance Company, one Share Singh Rajwat, aged 23, succumbed to grievous injuries. Before the `MACT'' it was asserted that the deceased was an employee of National Granite Company, earning RS. 14,000/- per month. Those facts were not established by cogent evidence, except for the self interested testimony of 1st claimant/Smt. Angoori Devi, widow of the deceased. MACT, having regard to the material on record, held that the deceased was an unskilled worker and based on guess work, reckoned RS. 4,000/- as monthly income of the deceased and deducting ⅓rd towards personal expenses, awarded the following compensation.

Loss of dependency

RS. 5,76,000/-

Loss of love and affection

RS. 20,00/-

Transportation of dead body

RS. 10,000/-

Funeral and obsequies

RS. 10,000/-

Loss of estate

RS. 10,000/-

Loss of consortium

RS. 5,000/-

TOTAL

RS. 6,31,000/-

with interest at 6% per annum.

There is force in the submission of learned counsel for appellants that MACT was not justified in reckoning RS. 4,000/- as monthly income of the deceased. The deceased an unskilled worker, an able bodied and young man aged 23 could have earned not less than RS. 5,000/- per month, since that is the income recognised by the Lok Adalath as income during the year 2009. Reckoning RS. 5,000/- as monthly income, deducting ⅓rd towards personal expenses of the deceased which is Rs. 1,666/-, monthly loss of dependency is RS. 3,334/- and to the annual loss, applying multiplier 18 as applicable to age 23 of the deceased, appellants are entitled to RS. 7,20,144/- as against RS. 5,76,000/- awarded by the MACT, and therefore, appellants are entitled to the balance of RS. 1,44,144/-.

MACT awarded frugal compensation of RS. 5,000/- towards loss of consortium for the young widow aged 20. In that view of the matter and having regard to the decision of the Apex Court in Rajesh and others v. Rajbir Singh and others, (2013) 9 SCC 54, 1st appellant/widow is entitled to RS. 1,00,000/- as compensation towards loss of consortium as against RS. 5,000/- and therefore, she is entitled to balance of RS. 95,000/-. The compensation awarded under other heads do not call for interference as they are just and proper.

6-7. In the circumstances, appellants are entitled to RS. 2,39,144/- with interest at 6% per annum in addition to what is awarded by the MACT.

In the result, this appeal is allowed in part. The judgment and award impugned is modified insofar as MVC No. 7753/2009 is concerned entitling the appellants to RS. 2,39,144/- with interest at 6% per annum in addition to what is awarded by the MACT and in all other respects, remains unaltered. However, it is made clear that appellants are dis entitled to interest for the delay period of 223 days in filing the appeal.