Ayesha Siddika and Others vs Suprabha K. Chatra and Others

N.K. Patil, J.—Though this matter is posted today for orders, the same is taken up for final disposal, with the consent of learned counsel appearing for both the parties.

This appeal by the appellants-claimant Nos. 1 and 5 is directed against the impugned common judgment and award dated 17/08/2012 passed in MVC No. 746/2010, by the Presiding Officer, Fast Track Court-II and Motor Accident Claims Tribunal, Shimoga, (hereinafter referred to as ''Tribunal'' for short), for enhancement of compensation, on the ground that, a sum of Rs. 5,83,000/- awarded by the Tribunal under different heads with interest at 6% per annum from the date of petition till the date of realization, as against the claim Rs. 36,64,000/- on account of the death of the deceased Sri Ibrahim @ Mohammed Ibrahim, in the road traffic accident is inadequate.

In brief, the facts of the case are:

The appellants are the wife and minor son of the deceased. They along with claimant Nos. 2 to 4, who are the parents and sister of the deceased have filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondents, on account of the death of the deceased in the road traffic accident, contending that, on 17.9.2009 the appellants and deceased were proceeding on a Motorcycle bearing No. KA.14.X.1662 from Choradi village towards Shivamogga to purchase clothes and other necessary items fro Ramzan festival. When the said motor cycle was ridden by the deceased and when it was moving on NH 206, Shivamogga-Sagar road near V. Byranakoppa village of Shivamogga Taluk, at that time, the driver of the Durgamba Passenger bus bearing No. KA.20.B.3271 came from Shivamogga side with high speed and in a rash and negligent manner and hit the motor cycle. Due to which, the rider of the motorcycle sustained injuries. Immediately after the accident, the injured was shifted to Mc.Gann Hospital, Shivamogga for treatment and then shifted to Nanjappa hospital for higher treatment, but he died when he was on the way to Nanjappa Hospital. 3. It is the further case of the appellants that, deceased was aged about 25 years, hale and healthy prior to the accident and he was an agriculturist and timber merchant by profession and earning Rs. 15,000/- per month and looking after the welfare of the family by contributing his entire earnings to the family. Due to his untimely death, appellants have suffered financial loss as they have lost their bread earner, apart from mental shock and agony.

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. 5,83,000/- under, different heads with interest at 6% p.a., from the date of petition till its realization

Being dis-satisfied with the quantum of compensation awarded by the Tribunal, the appellants/claimant Nos. 1 and 5 have presented this appeal, for enhancement of compensation.

We have heard the learned counsel appearing for the appellants and learned counsel for Insurer.

The submission of the learned counsel appearing for the appellants, at the outset is that, the income of the deceased assessed by the Tribunal at Rs. 3,750/- per month is on the lower side and is liable to be enhanced, on the ground that, deceased was aged about 25 years, agriculturist and timber merchant by profession, dependants are his wife, minor children, parents and sister and therefore, his income may be reassessed reasonably. Further, he submits that, the compensation awarded by the Tribunal towards conventional heads is on the lower side and is liable to be enhanced. Therefore, he submitted that the impugned judgment and award is liable to be modified by awarding reasonable compensation towards loss of dependency and towards conventional heads.

As against this, learned counsel appearing for the Insurer, inter-alia, contended and substantiated that the impugned judgment and award passed by the Tribunal is just and proper and after due appreciation of the oral and documentary evidence available on file and therefore, it does not call for interference.

After hearing the learned counsel appearing for the parties and after careful perusal of the material available on record at threadbare, including the impugned judgment and award passed by the Tribunal, the only point that arises for our consideration is:

Whether the compensation awarded by the Tribunal is just and reasonable? 10. The occurrence of the accident and the resultant death of the deceased are not in dispute. The claimants are the wife, minor son, parents and sister of the deceased. It is the case of the appellants that, deceased was aged about 25 years, hale and healthy prior to the accident, he was an agriculturist and Timber Merchant by profession. The Tribunal has assessed the income of the deceased at Rs. 3,750/- per month, which is on the lower side and it needs to be enhanced. Having regard to the age and occupation of the deceased and the year of accident, we re-assess his income at Rs. 5,500/- per month instead of Rs. 3,750/- per month as assessed by the Tribunal. Out of which, if 1/4th ( Rs. 1,375/-) is deducted towards the personal and living expenses of the deceased instead of 1/3rd as done by the Tribunal since there are five claimants, his net income comes to Rs. 4,125/- per month. The multiplier applicable is ''18'' since the deceased was aged about 25 years as rightly adopted by the Tribunal and we accept the same. Therefore, we re-determine the loss of dependency at Rs. 3,91,000/- ( Rs. 4,125/- x 12 x 18) instead of Rs. 5,40,000/- as awarded by the Tribunal and accordingly, it is awarded.

The compensation awarded by the Tribunal towards conventional heads is on the lower side and the same is liable to be enhanced, for the reason that, on account of the death of the deceased, claimant No. 1 has lost her life partner, claimant No. 5 is deprived of the love and affection, security, guidance of his father, the parents have lost their son and sister is deprived of the love and affection, guidance and security of her brother. Taking all these factors into consideration, we award a sum of Rs. 50,000/- towards loss of consortium, Rs. 40,000/- towards loss of love and affection, Rs. 25,000/- towards loss of estate and Rs. 25,000/- towards transportation and funeral expenses instead of Rs. 43,000/- awarded by the Tribunal. In all, the appellants are entitled to a total compensation of Rs. 10,31,000/- instead of Rs. 5,83,000/-. There would be an enhancement of Rs. 4,48,000/- with interest at 6% p.a., from the date of petition till its realization.

For the foregoing reasons, the appeal filed by the appellants is allowed in part. The impugned common judgment and award dated 17/08/2012 passed in MVC No. 746/2010, by the Presiding Officer, Fast Track Court-II ''and Motor Accident Claims Tribunal, Shimoga, is hereby modified, awarding a sum of Rs. 4,48,000/- with interest at 6% p.a., from the date of petition till its realization, in addition to the compensation awarded by the Tribunal.

The 3rd respondent-Insurer is directed to deposit the enhanced compensation of Rs. 4,48,000/- with interest at 6% p.a., from the date of petition till the date of realization, within a period of three weeks from the date of receipt of a copy of this judgment.

Immediately on deposit by the Insurer, out of the enhanced compensation of Rs. 4,48,000/-, a sum of Rs. 1,50,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled or Grameena bank in the name of the appellant No. 1 for a period of ten years and renewable by another ten years, with liberty reserved to the appellant No. 1 to withdraw the interest accrued on it, periodically.

A sum of Rs. 1,00,000/- with proportionate interest shall be invested in Fixed Deposit in any Nationalized or Scheduled or Grameena bank in the name of the appellant No. 2, till he attains 30 years, with liberty reserved to the appellant No. 1 to withdraw the interest accrued on it, periodically, for the welfare of appellant No. 2 till he attains 21 years and from 22 years to 30 years, appellant No. 2 is entitled to withdraw the interest accrued on it, periodically.

A sum of Rs. 1,00,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled or Grameena bank in the name of the respondent No. 7, mother of the deceased, for a period of ten years and renewable by another ten years, with liberty reserved to the respondent No. 7 to withdraw the interest accrued on it, periodically.

The remaining sum of Rs. 98,000/- with interest shall be released in favour of the appellant No. 1, respondent No. 6, father of the deceased and respondent No. 7, mother of the deceased in equal proportion.

Draw the award, accordingly.

Learned counsel Sri K. Suryanarayana Rao is permitted to file vakalath for 3rd respondent within four weeks.