Anusuyamma and Others vs S. Palani Velu and Others

N.K. Patil, J.

This appeal by the claimants is directed against the common impugned judgment and award dated 10-2-2012 passed in MVC No. 862 of 2009 on the file of the Principal Civil Judge (Senior Division) and Additional Motor Accident Claims Tribunal, Chitradurga (hereinafter referred to as ''Tribunal'' for short). By its impugned judgment and award, the Tribunal has awarded a sum of Rs. 8,14,100/- with interest at 6% p.a., from the date of petition till its realisation as against the claim made by the appellants, on account of death of Virupakshappa in the road traffic accident. The appellants have presented this appeal for enhancement of compensation.

In brief, the facts of the case are:

Appellant 1 is the wife and appellants 2 and 3 are the children of deceased Virupakshappa. They have filed claim petition before the Tribunal under Section 166 of Motor Vehicles Act, 1988 claiming compensation on account of the death of the deceased in the road traffic accident, contending that, on 24-1-2009 at about 1.15 p.m., the deceased was proceeding along with his family friends in a maruti car bearing Registration No. KA-16/C-555 driven by the deceased. When the said car came near Shimoga-Thirthahalli Road on N.H. 13 at a distance of 7 kms. from Sakre Bylu, at that time, the driver of the lorry bearing Registration No. KA-10/AA-1126 came in a rash and negligent manner from opposite direction and dashed against the maruti car. Due to the impact, he sustained fatal injuries. Immediately, he was shifted to the hospital. Inspite of best efforts, he succumbed to injuries after 10 days. It is a further case of the appellants that the deceased was aged about 54 years at the time of accident. The deceased was doing hallow bricks business and also an agriculturist. He was earning more than Rs. 2,00,000/- income per annum and he was the only earning member of the family and his dependants had no other source of income. On account of death of the deceased, wife has lost the life partner and children have lost of love and affection of their father. They filed claim petition claiming compensation. The said claim petition had come up for consideration before the Tribunal. The Tribunal after appreciating the oral and documentary evidence and other material available on file, has allowed the claim petition in part and awarded the compensation of Rs. 8,14,100/- under different heads with interest at 6% p.a., from the date of petition. Not being satisfied with the compensation awarded by the Tribunal the appellants have presented this appeal, for enhancement of compensation.

The submission of the learned Counsel appearing for the appellants Sri S.H. Nagarajappa at the outset is that, the Tribunal has erred in taking the income of the deceased at Rs. 8,000/- per month, which is on the lower side and requires to be reassessed at Rs. 10,000/- per month, as he was running hallow bricks business and also doing agricultural work and was the only earning member in the family and appellants are entirely dependent on the income of the deceased. It is further submitted that 1/3rd of the income is to be deducted towards the personal expenses of the deceased and multiplier appropriate to age of 54 years is to be adopted to award reasonable compensation under the head Toss of dependency''. It is also submitted that the Tribunal has not awarded reasonable compensation towards conveyance, nourishing food and attendant charges and medical expenses as per the medical bills, as the deceased was inpatient for a period of 10 days before succumbing to the grievous injuries sustained in the road traffic accident. Further, the compensation awarded towards Toss of consortium'', Toss of estate'' and Toss of love and affection'' requires to be enhanced.

Per contra, the learned Counsel appearing for the Insurer Sri O. Mahesh, inter alia contended and substantiated that, the impugned judgment and award passed by the Tribunal is just and proper and it is passed after considering the oral and documentary evidence and interference by this Court is not called for.

After careful consideration of the submissions made by the learned Counsel appearing for both the parties and on perusal of the material available on record, including the impugned judgment and award passed by the Tribunal the only question that arise for consideration is:

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

After careful perusal of the material available on record, threadbare, including the impugned judgment and award passed by the Tribunal, it emerges that, the death of deceased Virupakshappa in the road traffic accident is not in dispute. The deceased was aged about 54 years and running hollow bricks business and also an agriculturist and was hale and health prior to the accident. The Tribunal taking into consideration the age and occupation of the deceased, has assessed the income of the deceased at Rs. 8,000/- per month. The same is just and proper and is accepted. Out of Rs. 8,000/-, 1/3rd is to be deducted towards personal expenses of the deceased. If Rs. 2,666/- is deducted, the remaining income would be Rs. 5,334/-. The deceased was aged about 54 years. The appropriate multiplier is 11. Accordingly, we award a sum of Rs. 7,04,088/- (i.e. Rs. 5334 x 12 x 11) towards Toss of dependency'' as against Rs. 7,04,000/- awarded by the Tribunal towards Toss of income due to death of deceased''.

It is not in dispute that the deceased has undergone treatment for a period of 10 days in the hospital on account of fatal injuries sustained by him in the road traffic accident. We deem it fit to award a sum of Rs. 80,000/- towards medical expenses including incidental expenses as against Rs. 70,100/- awarded by the Tribunal. Further, wife had lost her life partner and children have lost their love and affection. In view of the judgment of the Apex Court, we deem it fit to award a sum of Rs. 50,000/- towards Toss of consortium'' and Rs. 30,000/- towards Toss of love and affection'' at the rate of Rs. 10,000/- to each claimant and Rs. 25,000/- towards Toss of estate'' and Rs. 25,000/- towards ''transportation and funeral expenses''. In all, the appellants are entitled to total compensation of Rs. 9,14,088/- as against Rs. 8,14,100/- and there is an enhancement of Rs. 99,988/-, which is rounded off to Rs. 1,00,000/-. Accordingly, the appeal filed by the appellants is allowed in part and the impugned common judgment and award dated 10-2-2012 passed by the Tribunal in MVC No. 862 of 2009 on the file of the Principal Civil Judge (Senior Division) and Additional MACT, Chitradurga is hereby modified, awarding compensation of Rs. 9,14,088/- instead of Rs. 8,14,100/- awarded by the Tribunal. The enhanced compensation comes to Rs. 99,988/- rounded off to Rs. 1,00,000/- with interest at 6% p.a., from the date of petition till its realisation.

The Insurer is directed to deposit the compensation of Rs. 1,00,000/- with interest at 6% p.a., from the date of petition till the date of realisation, within a period of three weeks from the date of receipt of a copy of this judgment and award.

Out of the enhanced compensation, Rs. 50,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalised or Scheduled Bank, in the name of appellant 1 for a period of ten years and renewable for another five years, with liberty to her to withdraw the interest accrued on it, periodically.

The remaining Rs. 50,000/- with proportionate interest shall be released in favour of appellant 1, immediately, on deposit by the Insurer.

Office is directed to draw the award, accordingly.