Anni Bommappa and Others vs Rameswara Lal and Others

S. Abdul Nazeer, J.—This appeal is directed against the judgment and award in M.V.C. No. 633/2012 dated 13.09.2012 on the file of the Motor Accidents Claim Tribunal-II, Bellary.

The appellants are the parents of one Vasudev. Vasudev died in a motor vehicle accident occurred on 01.06.2012. Therefore, claimants filed the claim petition in M.V.C. No. 633/2012 before the Tribunal seeking a total compensation of Rs. 32 lakhs. The respondent-Insurance Company filed the written statement opposing the claim petition. On the basis of the pleadings of the parties, the Court below has framed relevant issues. The 1st claimant was examined as PW-1 and a witness was examined as PW-2 and documents Ex. P.1 to Ex. P.11 were marked in their evidence. The respondents have not let in any evidence. On appreciation of the materials on record, the Court below has held that the cause for the accident was the rash and negligent driving of the offending vehicle by its driver. The Court below has, in all, awarded compensation of Rs. 3,87,000/- with interest @ 6% p.a. from the date of the claim petition till the date of payment. The claimants have filed this appeal seeking enhancement of compensation.

The contention of the learned counsel for the claimants/appellants is that the deceased was a shepherd and was earning more than Rs. 15,000/- p.m. However, the Court below has notionally fixed his income at Rs. 4,000/- per month for the purpose of computation of loss of dependency. It is argued that the age of the mother of the deceased has been taken for adopting the multiplier. It is argued that having regard to the decision of the Apex Court in the case of Munna Lal Jain and Others Vs. Vipin Kumar Sharma and Others , the Court below ought to have taken the age of the deceased for applying the proper multiplier. It is also argued that the compensation awarded under other heads is on the lower side.

On the other hand, the learned counsel appearing for the 2nd respondent-Insurance Company has sought to justify the impugned judgment and award.

We have carefully considered the arguments made at the bar and perused the material placed before us. There is no dispute as to the occurrence of the accident and the liability of the respondent-Insurance Company to pay the compensation.

Having regard to the contentions urged, the only question that arises for consideration is as to:

"Whether the compensation awarded by the Court below is just and proper?"

It is not in dispute that the deceased was aged 20 years at the time of accident. The accident had occurred on 01.06.2012. Though the claimants contend that the deceased was earning Rs. 15,000/- p.m., no materials have been produced in support of the said contention. Having regard to the facts and circumstances of the case, it is just and appropriate to notionally fix the income of the deceased at Rs. 6,500/- p.m. The Apex Court in Munnalal Jain''s case (supra) has held that in the case of the death of a bachelor in the accident, the age of the deceased has to be taken for the purpose of adopting the multiplier. The deceased was aged 20 years at the time of accident and he was a bachelor. The multiplier applicable to the case is 18. 50% of the income has to be deducted towards his personal expenses. By taking the income of the deceased at Rs. 3,250/- per month and with the application of multiplier 18, the compensation payable towards loss of dependency comes to Rs. 7,02,000/-.

The compensation awarded towards medical expenses, loss of estate and loss of love and affection is just and appropriate and accordingly are left undisturbed. The claimants are also entitled for a sum of Rs. 25,000/- towards funeral, transportation of dead body and other expenses. Thus, the compensation payable to the claimants is re-assessed as under:

The Court below has awarded a total compensation of Rs. 3,87,000/- which has to be deducted from the aforesaid amount. The balance of compensation payable to the claimants comes to Rs. 3,60,000/-. The said sum shall carry interest @ 6% p.a. from the date of claim petition till the date of payment.

In the result, the appeal succeeds and it is accordingly allowed in part. The respondent-Insurance Company is directed to deposit a sum of Rs. 3,60,000/- in addition to what has been awarded by the Court below with interest @ 6% p.a. from the date of claim petition till the date of deposit, within a period of eight weeks from the date of receipt of copy of this order. Out of the amount awarded by the Tribunal, 50% has already been deposited. In the circumstances, we deem it just and proper to release the entire enhanced amount. Therefore, the Tribunal is directed to release the amount on such deposit in favour of the claimants in equal proportion. No costs.