Anitha and Others vs Puttaswamy and Others

B. Sreenivas Gowda, J.—This appeal is by the claimants for enhancement of compensation awarded by the Tribunal.

Though the matter is listed for orders, with the consent of learned Counsel appearing for the parties, it is heard and disposed of finally.

For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.

As there is no dispute regarding death of the deceased Nataraju in a road traffic accident occurred on 04-02-2012 due to rash and negligent driving of KSRTC bus bearing registration No. KA-09-F-4130 by its driver and liability of the Corporation, only point remains for my consideration in the appeal is:

Whether the compensation of Rs. 5,50,000/- awarded by the Tribunal is just and reasonable or does it call for enhancement?

After hearing the learned counsel for the appellants, I am of the view that the compensation awarded is not just and reasonable, it is on the lower side and therefore it is required to be enhanced.

Claimants who are mother, wife and minor daughter of deceased in support of their contentions that deceased by doing business in clothes and bangles was earning Rs. 10,000/- per month except examining first claimant as P.W. 1 and producing bangles certificate and clothes certificate at Exs. P. 9 and P. 10 respectively, have not adduced cogent evidence regarding avocation and income of deceased. Therefore, in the absence of proof of income, considering the age of deceased as 37 years, year of accident as 2012, and his avocation as a daily wager and keeping in mind his future prospects, his income could be easily assessed at Rs. 6,000/- per month as against Rs. 4,500/- assessed by the Tribunal. Considering all the three claimants dependant legal heir of deceased, 1/3rd of the income of the deceased deducted by the Tribunal towards his personal expenses is sound and proper. Multiplier of ''15'' applied by the Tribunal based on the age of the deceased who was 37 years at the relevant point of time is also sound and proper. Therefore, loss of dependency works out to Rs. 7,20,000/- (Rs. 6,000/- x 2/3 x 12 x 15) and it is awarded as against Rs. 5,40,000/- awarded by the Tribunal.

Considering wife has lost her husband at an young age, daughter has lost her father at her tender age and mother has lost her earning son at her old age, a sum of Rs. 50,000/- is awarded towards loss of consortium in respect of wife, Rs. 50,000/- is awarded towards love and affection in respect of mother and minor daughter at the rate of Rs. 25,000/- each and Rs. 30,000/- is awarded towards transportation of dead body and funeral and obsequies expenses. In all, a sum of Rs. 1,30,000/- is awarded under conventional heads.

Thus the claimants are entitled for the following compensation:

Accordingly the appeal is allowed in part and the judgment and award of the Tribunal is modified to the extent stated herein above.

The claimants namely, mother, wife and minor daughter of deceased are entitled to additional compensation of Rs. 3,00,000/- with interest at 6% p.a. from the date of claim petition till the date of realization, excluding interest for the delayed period of 346 days in filing the appeal.

Respondent - KSRTC is directed to deposit the additional compensation amount with interest, excluding interest for the delayed period of 346 days in filing the appeal, within two months from the date of receipt of a copy of this order.

Apportionment, deposit and release of additional compensation of Rs. 3,00,000/- will be as per the terms and conditions of the award of the Tribunal.

No order as to costs.