Basavaraj Gowdana and Others vs V. Munichandra and Others

N.K. Patil, J.

This appeal by the appellants/claimants is directed against the impugned judgment and award dated 07/11/2012, passed in MVC No. 24/2011, by the Senior Civil Judge and Additional Motor Accident Claims Tribunal, Soraba, (hereinafter referred to as ''Tribunal'' for short), for enhancement of compensation.

The Tribunal by its judgment and award, has awarded a sum of Rs. 1,25,000/- under different heads with interest at 6% per annum from the date of petition till its payment, as against the claim of the appellants for a sum of Rs. 42,00,000/-, on account of the death the deceased Sri. Dyavappa in the road traffic accident. The appellants have presented this appeal on the ground that the compensation awarded by the Tribunal is inadequate and it requires to be enhanced.

In brief, the facts of the case are:

"Deceased was the brother of the appellants. Appellants 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 27.4.2010 at about 2.00 p.m. deceased was driving the Swift Car bearing Reg. No. KA.02.MD.3425 belonging to the Security Agency No. 26, to go to his native village from Bangalore via Tumkur and when he was proceeding towards Tiptur, at that time, the driver of the Lorry bearing Reg. No. AP.26.X.6289 came from Tiptur side in a rash and negligent manner and dashed against the car of the deceased."

Due to which, deceased sustained severe injuries and died at the spot.

It is the further case of the appellants that, deceased was aged about 36 years, hale and healthy prior to the accident, working as Driver of LMV vehicle in a Security Agency and drawing the salary of Rs. 15,000/- per month and looking after the welfare of the family. The untimely death of the deceased has affected the social and financial condition of the family as they have lost their earning member, 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. 50,000/- under Section 140 of MV Act, Rs. 50,000/- towards love and affection and Rs. 25,000/- towards funeral and transportation of dead body and in all Rs. 1,25,000/- with interest at 6% p.a., from the date of petition till its payment.

Not being satisfied with the quantum of compensation awarded by the Tribunal, the appellants have presented this appeal, for enhancement.

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

The submission of learned counsel appearing for the appellants, at the outset is that, the Tribunal has erred in not awarding reasonable compensation towards loss of estate, towards loss of love and affection and towards transportation of dead body and funeral expenses and what is awarded is inadequate and is liable to be enhanced. To substantiate the said submission, he submitted that, deceased was aged about 36 years, driver by profession and getting the salary of more than Rs. 15,000/- per month, but the Tribunal has not accepted the same and awarded reasonable compensation towards loss of estate following the law laid down by the Apex Court and this Court since the appellants are the brothers and sisters of the deceased and he was a bachelor at the time of accident and they are entitled whatever the amount of contribution made by the deceased to the family members towards loss of estate and they are also entitled for loss of love and affection and towards transportation of dead body and funeral expenses. But this aspect of the matter has not been considered or appreciated or awarded reasonable compensation by the Tribunal. Therefore, he submitted that the income of the deceased may be re-assessed after deducting 50% towards personal expenses and applying the multiplier of ''13'' taking the age of the elder brother of the deceased because the parents have predeceased. Therefore, he submitted that taking into consideration these aspects of the matter, the reasonable compensation may be awarded by modifying the impugned judgment and award.

As against this, learned counsel 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 for both 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?"

The occurrence of the accident and the resultant death of the deceased are not in dispute. It is also not in dispute that appellants are the brothers and sisters of the deceased, his parents have predeceased him and he was a bachelor. It is the case of the appellants that deceased was aged about 36 years, working as a Driver in a Private Limited Company and drawing the salary of Rs. 15,000/- per month. Having regard to the age, occupation of the deceased, year of accident, if we assess his income at Rs. 6,000/- per month it would meet the ends of justice. Out of which, if 50% ( Rs. 3,000/-) is deducted towards the personal and living expenses of the deceased, since he was a bachelor, his net income comes to Rs. 3,000/- per month. The appropriate multiplier applicable taking the age of the elder brother of the deceased as 48 years is ''13'' as he was the kartha of the family. The appellants are entitled for compensation towards loss of estate and not towards loss of dependency. Therefore, we re-determine the loss of estate at Rs. 4,68,000/- ( Rs. 3,000/- x 12 x 13).

Having regard to the facts and circumstances of the case, we award a sum of Rs. 70,000/- towards loss of love and affection at the rate of Rs. 10,000/- each to the appellant Nos. 1 to 5 and Rs. 25,000/- towards transportation and funeral expenses.

In all, the appellants are entitled to the total compensation of Rs. 5,63,000/- instead of Rs. 1,25,000/- awarded by the Tribunal. There would be an enhancement of Rs. 4,38,000/- 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 judgment and award dated 07/11/2012, passed in MVC No. 24/2011, by the Senior Civil Judge and Additional Motor Accident Claims Tribunal, Soraba, is hereby modified, awarding a sum of Rs. 4,38,000/- with interest at 6% p.a., from the date of petition till its realization in addition to the compensation awarded by the Tribunal.

The Insurer is directed to deposit the enhanced compensation of Rs. 4,38,000/- 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.

The enhanced compensation with interest shall be released in favour of the appellant Nos. 1 to 7 in equal proportion.

Draw the award, accordingly.