Anusha and Others vs Firoz Ahamad and Others

N.K. Patil, J.

This appeal is directed against the impugned Judgment and Award dated 28th December 2013 passed in M.V.C. No. 1390/2012 on the file of the learned Principal Senior Civil Judge and Additional M.A.C.T., Hassan. The Tribunal by its impugned Judgment and Award, awarded a sum of Rs. 9,34,000/- with interest at 6% p.a. from the date of petition till realization on account of the death of deceased in the road traffic accident. On the ground that the quantum of compensation awarded by the Tribunal is inadequate and requires enhancement, the appellants have presented this appeal.

The brief facts of the case of the claimants/appellants on hand are that, the appellant No. 1 is the wife, appellant Nos. 2 and 3 are minor children of deceased Ramesh. They have filed a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation against the respondents claiming compensation of Rs. 50,00,000/- on account of untimely death of deceased in a road traffic accident that occurred on 20.04.2012 at about 1.45 p.m. contending that when the deceased Ramesh was proceeding as pillion rider in motorbike bearing Registration No. KA-13/V-4141 along with Madhu near Kandali, on Hassan -Mangalore Road on Yagachi Bridge; at that time a lorry bearing Registration No. KA-13/B-786 being driven by its driver in a rash and negligent manner dashed against the motorbike of the deceased. Due to impact, the deceased fell down and sustained grievous injuries. Thereafter, he succumbed to the injuries in the Hospital.

Further, it is the case of the appellants that the deceased was working as an Attender in ITI Centre and earning Rs. 6,500/-per month and was the only bread earning member in the family. The appellant No. 1, wife has lost her husband at the young age of 23 years, minor children have lost love and affection, inspiration and guidance of the father the social and economic condition of the family is affected. Taking all these facts into consideration, they have filed claim petition before the Tribunal under Section 166 of the Motor Vehicles Act, claiming compensation against the respondents.

The said matter had come up for consideration before the Tribunal. The Tribunal in turn after due consideration of the oral and documentary evidence and the material available on record, assessing the income of the deceased at Rs. 5,000/- p.m. and deducted 1/3rd towards personal expenses of the deceased, which comes to Rs. 4,333/- per month and by applying the multiplier of 17 has awarded compensation of Rs. 8,83,932/- towards loss of dependency and Rs. 50,000/- towards conventional heads. In all the Tribunal awarded compensation of Rs. 9,34,000/- with interest at 6% p.a. from the date of petition till realization. Being dissatisfied with the impugned Judgment and Award passed by the Tribunal, the appellants herein have presented this appeal seeking enhancement of compensation.

It is the submission of the learned Counsel appearing for the appellants, at the outset that, the Tribunal has erred in taking the income of the deceased at only Rs. 5,000/- per month, which is on the lower side. Further, it is his case that, as the deceased was working as an Attender in ITI Centre another 50% of the income of the deceased has to be added towards future prospects and by deducting 1/3rd towards personal expenses, reasonable compensation be awarded under the head loss of dependency. The Tribunal further erred in not awarding any compensation towards loss of consortium, loss of love and affection, loss of estate. Therefore, he submits that, in the light of the catena of decisions of Apex Court and this Court and by following the ratio of law enunciated in the decisions, the impugned judgment and award is liable to be modified by enhancing reasonable compensation.

Per contra, the learned Counsel appearing for the 2nd respondent - insurer inter-alia contended and sought to substantiate the impugned Judgment and award passed by the Tribunal stating that the same is passed after due consideration of entire oral and documentary evidence available on file and hence, interference by this Court is uncalled for.

After careful consideration of the submissions of learned Counsel appearing for the appellant and the learned Counsel appearing for the 2nd respondent - insurer and after perusal of the impugned judgment and award passed by the Tribunal, the only point that arise for consideration is :

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

The occurrence of accident and the resultant death of deceased in the road traffic accident are not in dispute. Further, it is not in dispute that the deceased was aged about 28 years and working as Attender in ITI Centre. The appellant Nos. 1 to 3 are wife and minor daughters of the deceased, which is also not in dispute. As the accident occurred on 20.04.2012 and in the light of the judgments of this Court and the Apex Court, we can safely re-assess the income of the deceased at Rs. 7,500/- per month. Having regard to the age, avocation, year of accident and also the fact that appellant No. 1 is the wife aged 25 years and minor children aged about 3 1/2 years and one year at the time of accident, we deduct 1/3rd towards personal expenses as the dependents are 3 in number. Accordingly, the remaining net amount towards contribution of the deceased comes to Rs. 5,000/- p.m. The deceased was aged about 28 years at the time of the accident and the appropriate multiplier applicable is 17. Accordingly, we deem fit to re-determine the compensation at Rs. 10,20,000/- towards loss of dependency (i.e. Rs. 5,000/- x 12 x 17).

In the light of the facts and circumstances of the case and also considering the fact that the wife aged about 23 years has lost her life partner at the young age, minor children have lost love and affection, inspiration and guidance and also catena of judgments of Apex Court and this Court, we deem fit to award a sum of Rs. 1,00,000/- towards loss of consortium, Rs. 30,000/- towards loss of love and affection, Rs. 25,000/- towards loss of estate and another Rs. 25,000/- towards transportation and funeral expenses. In all, the claimants are entitled for a total compensation of Rs. 12,00,000/- as against Rs. 9,34,000/- awarded by the Tribunal. There will be enhancement of compensation of Rs. 2,66,000/- with interest at 9% p.a. from the date of petition till the date of realization following the judgment of this Court and Apex Court in the catena of judgments.

Having regard to the facts referred above, the instant appeal filed by the appellants is allowed in part. The impugned Judgment and Award passed by the Tribunal dated 28th December 2013 in M.V.C. No. 1390/2012 on the file of the Principal Senior Civil Judge and Additional M.A.C.T., Hassan is hereby modified awarding Rs. 2,66,000/- with interest at 9% p.a. from the date of petition till realization of the amount, in addition to the compensation awarded by the Tribunal.

The 2nd respondent - Insurer herein is directed to deposit the enhanced amount with interest within a period of three weeks from the date of receipt of copy of this judgment and award.

Out of the enhanced compensation of Rs. 2,66,000/-, Rs. 1,00,000/- with proportionate interest shall be invested in Fixed Deposit in the name of the 1st appellant - wife of the deceased in any Nationalized or Scheduled Bank or Grameena Bank, for a period of ten years and renewable for another five years and she is entitled to withdraw the periodical interest accrued on it.

A sum of Rs. 50,000/- each with proportionate interest shall be invested in Fixed Deposit in the names of 2nd and 3rd appellants Kum. Vyshnavi and Kum. Prerana - minor daughters of the deceased in any Nationalized or Scheduled Bank or Grameena Bank, till they attain the age of 30 years. The appellant No. 1 - mother of the minor daughters is entitled to withdraw the periodical interest accrued on it for their welfare till they attain the age of 21 years. Thereafter, from 22 years to 30 years, the appellant Nos. 2 and 3 are entitled to withdraw the periodical interest.

Remaining amount of Rs. 66,000/- with proportionate interest shall be released in favour of the appellant No. 1 - wife of the deceased, immediately on deposit by the 2nd respondent -Insurer.

Draw the award, accordingly.