Anitha and Others vs The Divisional Controller/Manager KSRTC Rural Division

N.K. Patil, J.—This appeal by the claimants is directed against the judgment and award dated 13th October 2014, passed in MVC No. 1144/2013, by the Principal Judge, Court of Small Causes, Mysore, in C/c. of Additional Court of Small Causes, Mysore, as a Presiding Officer, Motor Accident Claims Tribunal, Mysore, (for short, ''Tribunal'') for enhancement of compensation on the ground that, the compensation of Rs. 10,70,050/- awarded in favour of the claimants as against their claim for Rs. 51,00,000/-, is inadequate.

The facts in brief are that, the claimants are the wife, two minor children and parents of the deceased Vijaya T. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 07:30 P.M, on 13-11-2013, when the deceased Vijaya T. was proceeding on his motor cycle bearing Registration No. KA-09/U-9454, on Mysore-Hunsur Main Road, near Kampalapura Petrol Bunk, at that time, the driver of KSRTC Bus bearing Registration No. KA-13/F-1763 came at a high speed, in a rash and negligent manner and dashed against the motor bike of the deceased from hind side. Due to the impact, the deceased fell down and sustained grievous injuries to his head and other parts of the body and he succumbed to the injuries on the spot and his vehicle was also damaged in the said accident.

It is the case of the appellants that, the deceased was aged about 27 years and doing bar bending work and also tobacco business, earning substantial sum and hale and healthy prior to the accident. On account of the untimely death of the deceased, the appellants have lost the love and affection, inspiration and guidance, apart from social, financial and moral support and therefore, they have to be compensated reasonably.

On account of the death of the deceased, the appellants filed the claim petition before the Tribunal, seeking compensation against the respondents. The said claim petition had come up for consideration before the Tribunal on 13th October, 2014. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 10,70,050/- under different heads, with 6% interest per annum, from the date of petition till the date of payment. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants are in appeal before this Court, seeking enhancement of compensation.

We have gone through the grounds urged in the memorandum of appeal and heard the learned counsel appearing for appellants and also the Corporation, for quite some time.

Learned counsel appearing for claimants/appellants vehemently submitted that, the Tribunal grossly erred in taking the income of the deceased at only Rs. 4,500/- per month. He submits that that the deceased was aged about 27 years and doing bar bending work and also tobacco business, earning substantial sum. But, disbelieving the same, the Tribunal, without any basis has assessed the income of the deceased at only Rs. 4,500/- per month. The same is liable to be re-assessed. Therefore, he submitted that, reasonable compensation may be awarded towards loss of dependency, by adopting proper multiplier and deducting 1/4th towards the personal and living expenses of the deceased as the claimants are five in number. He further submitted that the compensation awarded by Tribunal towards conventional heads is also on the lower side and therefore, the impugned judgment and award passed by Tribunal may be modified, in the light of the decisions of the Hon''ble Apex Court and this Court, awarding just and reasonable compensation towards loss of dependency as also conventional heads.

Further, learned counsel appearing for claimants vehemently submitted that the rate of interest awarded by Tribunal at 6% p.a. is also on the lower side as the accident has occurred on 13-11-2013. In view of the ratio of law laid down by the Hon''ble Apex Court and this Court in catena of decisions, at least 9% to 10% interest per annum may be awarded in the instant case, to meet the ends of justice and the impugned judgment and award be modified accordingly.

As against this, learned counsel appearing for respondent/Corporation vehemently submitted that the compensation awarded by Tribunal is after due appreciation of the oral and documentary evidence available on file and also taking into consideration the age, avocation and also the year of accident etc. Therefore, interference in the same is not called for.

After hearing learned counsel for the parties, and after careful perusal of the judgment and award passed by the Tribunal, the only point that arise for our consideration in this appeal is,

"Whether the quantum of compensation awarded by Tribunal is just and reasonable?"

The undisputed facts of the case are, the occurrence of accident and the resultant death of the deceased Vijaya T. It is also not in dispute that the deceased was aged about 27 years and doing bar bending work and also tobacco business. But, it can be seen that the appellants have not produced any documents in support thereof nor examined any independent witnesses. Therefore, in the absence of the credible documentary evidence, the Tribunal has assessed the monthly income of the deceased at Rs. 4,500/-. The same is on the lower side and liable to be re-assessed. Therefore, having regard to the age, avocation and also the year of accident, we re-assess the monthly income of the deceased at Rs. 7,000/-, to meet the ends of justice. Further, as the dependents are five in number, we deduct 1/4* towards personal expenses of the deceased. Accordingly, If 1/4th (i.e. Rs. 1,750/-) is deducted from Rs. 7,000/- towards his personal and living expenses, the net income would be Rs. 5,250/- per month. Further, it is stated that the deceased was aged about 27 years as on the date of accident. Therefore, for the said age, the proper multiplier applicable is ''17'' as per the decision of the Hon''ble Apex Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, as rightly adopted by Tribunal. Thus, the compensation towards loss of dependency would work out to Rs. 10,71,000/- (i.e. Rs. 5,250/- x 12 x''17'') as against Rs. 8,95,050/- awarded by Tribunal.

Further, it can be seen that the Tribunal has erred in not awarding reasonable compensation towards conventional heads also. The claimants are none other than the wife, aged about 23 years, two minor children aged about six years and five years and parents aged about 50 years and 43 years as on the date of accident. On account of the untimely and unnatural death of deceased in the road traffic accident, the wife has lost her life companion at an young age, the minor children have lost the love and affection, inspiration, special guidance of their father and the parents have lost the social and moral security apart from financial security and are deprived of seeing the future of their son. Therefore, in the light of the judgment of the Hon''ble Apex Court and this Court in catena of decisions, the Tribunal has rightly awarded compensation of Rs. 1,00,000/- towards loss of consortium and Rs. 25,000/- towards transportation of dead body and funeral expenses. But, the compensation awarded towards loss of love and affection and loss of estate is on the lower side. Therefore, in the light of the judgment of the Apex Court and this Court, we award a sum of Rs. 1,25,000/- towards loss of love and affection at the rate of Rs. 25,000/- to each claimant as against Rs. 40,000/- and Rs. 25,000/- towards loss of estate as against Rs. 10,000/- awarded by Tribunal. Thus, the total compensation payable to claimants works out to Rs. 13,46,000/- as against Rs. 10,70,050/-( Rs. 10,55,050/- + Rs. 15,000/-) awarded by the Tribunal. There would be enhancement of compensation by a sum of Rs. 2,75,950/-.

As rightly pointed out by learned counsel appearing for claimants, the rate of interest at 6% per annum awarded by Tribunal is on the lower side, as the accident has occurred on 13-11-2013. Therefore, as per the ratio of law laid down by the Hon''ble Apex Court and this Court in catena of decisions and also considering the facts and circumstances of the case, we deem it fit and proper to award rate of interest at 9% per annum on the enhanced compensation, from the date of petition till the date of realization.

In the light of the facts and circumstances of the case, as stated above, the appeal filed by appellants is allowed in part. The impugned judgment and award dated 13th October 2014, passed in MVC No. 1144/2013, by the Principal Judge, Court of Small Causes, Mysore, in C/c. of Additional Court of Small Causes, Mysore, as a Presiding Officer, Motor Accident Claims Tribunal, Mysore, is hereby modified, awarding a sum of Rs. 13,46,000/- as against Rs. 10,70,050/- awarded by the Tribunal, from the date of petition till the date of realization. Thus, there would be enhancement of compensation by a sum of Rs. 2,75,950/- with 9% interest per annum from the date of petition till the date of realization.

The Corporation is directed to deposit the enhanced compensation of Rs. 2,75,950/-, with interest thereon at 9% per annum, within three weeks from the date of receipt of copy of the judgment.

Immediately on such deposit by the Corporation, a sum of Rs. 1,00,000/- with proportionate interest shall be invested in the name of first appellant -wife of deceased, in Fixed Deposit, in any scheduled/Nationalized/Grameena Bank, for a period of ten years, renewable by another ten years, with liberty reserved to her to withdraw the periodical interest.

A sum of Rs. 50,000/- each with proportionate interest shall be invested in the names of second and third appellants - minor children of deceased, in Fixed Deposit, in any scheduled/Nationalized/Grameena Bank, till they attain the age of 30 years, with liberty reserved to appellant No. 1/mother and natural guardian to withdraw the periodical interest for their welfare till they attain the age of 21 years and from 22 years to 30 years, they are entitled to withdraw the interest periodically.

Remaining sum of Rs. 75,950/- with proportionate interest shall be released in favour of the appellant Nos. 1 and 5, in equal proportion, immediately.

Office to draw award, accordingly.