Beeramma and Others vs Nagaraju and Others

N.K. Patil, J.—This appeal by the claimants is directed against the impugned judgment and award dated 07.12.2011 passed in MVC No. 141/2010 on the file of the Senior Civil Judge, MACT, Nanjanagudu, (hereinafter referred to as ''Tribunal'' for short) seeking to enhance the compensation.

The Tribunal by its judgment and award has awarded compensation of Rs. 3,51,350/- under different heads with interest at 6% per annum from the date of petition till the realization on account of death of the deceased-Kullegowda in the road traffic accident.

In brief, the facts of the case are:

"The 1st appellant is the wife, 2nd and 3rd appellants are the children of the deceased-Kullegowda and they filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondents, on account of the untimely death of the deceased-Kullegowda in the road traffic accident. It is the case of the claimants that on 13.10.2010 at about 6.00 p.m., when the deceased-Kullegowda was proceeding by walk in Thandavapura village towards Mysore to Nanjangud road, a motor cycle bearing registration No. KA-09-EQ-7978 came from opposite side in a rash and negligent manner and dashed against the deceased. Due to the impact, the deceased fell down on the road and sustained grievous injuries. Immediately, he was shifted to Government Hospital, Nanjangud. Inspite of best treatment, he succumbed to the injuries on 14.10.2010. On account of the untimely death of deceased, they were constrained to file a claim petition against the respondents 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 record, allowed the claim petition in part, awarding compensation of Rs. 3,51,350/-under different heads with interest at 6% p.a., from the date of petition till the date of realization. Not being satisfied with the impugned judgment and award passed by the Tribunal, the claimants have presented this appeal seeking to enhance the compensation."

The submission of learned counsel appearing for the appellants, at the outset is that, the Tribunal has erred in not awarding the reasonable compensation towards loss of dependency and conventional heads. What is awarded is inadequate and it requires enhancement. Further, he is quick to point out that the deceased was aged about 50 years. He was working as a Gare contractor and agriculturist, earning Rs. 10,500/- per month. The Tribunal has erred in not assessing the reasonable income of the deceased. The same may be reassessed between Rs. 6,000/- and Rs. 6,500/- per month and reasonable compensation may be awarded towards loss of dependency. Further, he is quick to point out that the Tribunal has not awarded reasonable compensation towards conventional heads such as loss of consortium, loss of estate, loss of love and affection and transportation and funeral expenses. He also submitted that in the light of the judgment of the Apex Court and this Court in host of judgments, atleast 8% to 9% interest per annum may be awarded. Therefore, he submits to enhance the compensation and rate of interest by modifying the impugned judgment and award passed by the Tribunal.

Per contra, learned counsel appearing for respondent No. 3-insurer, inter alia, contended and substantiated that, the impugned judgment and award passed by the Tribunal is just and proper. After due appreciation of the oral and documentary evidence available on record, the Tribunal is justified in awarding reasonable compensation. Therefore, he submitted that interference by this Court is not called for.

After considering 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 point that arises for consideration is:

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

Occurrence of accident and the resultant death of deceased are not in dispute. Claimants are none other than the wife and children of the deceased. Further, it is not in dispute that, the deceased was aged about 50 years. He was working as a Gare contractor and agriculturist, earning Rs. 10,500/- per month. On account of his untimely death, the wife has lost her life partner and the children have lost love and affection, guidance, inspiration and security in life. It has also affected social, moral and economic condition of the family. Having regard to the age, avocation and year of the accident, we can safely reassess the income of the deceased at Rs. 6,000/- per month, to meet the ends of justice. Out of which, if 1/3rd is deducted towards personal expenses as the claimants are three in number, the total contribution of the deceased to the family works out to Rs. 4,000/- per month. The deceased was aged about 50 years. Appropriate multiplier is ''13''. Accordingly, we re-determine the loss of dependency at Rs. 6,24,000/-(Rs. 4,000/- x 12 x 13).

As rightly submitted by the learned counsel for the appellants, the Tribunal has not awarded reasonable compensation towards conventional heads. Having regard to the facts and circumstances of the case, we deem it fit to award Rs. 1,00,000/- towards loss of consortium, Rs. 75,000/- towards loss of love and affection at the rate of Rs. 25,000/- to each claimant, Rs. 25,000/- towards loss of estate and Rs. 25,000/-towards transportation and funeral expenses. However, the Tribunal is justified in awarding a sum of Rs. 7,350/- towards medical expenses. In all the appellants/claimants are entitled for a compensation of Rs. 8,56,350/- as against Rs. 3,51,350/- awarded by the Tribunal. There will be an enhancement of Rs. 5,05,000/-.

As rightly submitted by the learned counsel for the appellants, the rate of interest awarded by the Tribunal is on the lower side. Following the judgment of the Apex Court and this Court in host of judgments, we award 8% per annum interest on the enhanced compensation from the date of petition till realization.

In the light of the facts and circumstances of the case as stated above, the appeal is allowed in part. The impugned judgment and award dated 07.12.2011 passed in MVC No. 141/2010 on the file of the Senior Civil Judge, MACT, Nanjanagudu, is hereby modified awarding an enhanced compensation of Rs. 5,05,000/- with 8% interest per annum from the date of petition till realisation.

The respondent No. 3-insurer is directed to deposit the enhanced compensation with interest at 8% p.a., from the date of petition till the date of realisation within three weeks from the date of receipt of a copy of this judgment.

Out of the enhanced compensation of Rs. 5,05,000/-, Rs. 2,00,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized/Scheduled Bank or Grameena Bank, in the name of the 1st appellant-Smt. Beeramma for a period of Ten years and renewable for another Ten years, with liberty to her to withdraw the periodical interest accrued on it.

Rs. 1,00,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized/Scheduled Bank or Grameena Bank, in the name of 2nd appellant till she attains the age of 30 years with liberty to her to withdraw the interest periodically.

Rs. 1,00,000/- with proportionate interest shall be invested in the name of 3rd appellant in Fixed Deposit in any Nationalized/Scheduled Bank or Grameena Bank till he attains the age of 30 years with liberty reserved to the 1st appellant to withdraw the periodical interest accrued on it for his welfare till he attains the age of 21 years and thereafter from 22 years to 30 years, 3rd appellant is entitled to withdraw the interest periodically.

The remaining Rs. 1,05,000/- with proportionate interest shall be released in favour of the 1st appellant, immediately, on deposit by respondent No. 3-insurer.

Office to draw the award, accordingly.

Sri. A.M. Venkatesh, learned counsel is permitted to file vakalath for respondent No. 3 within three weeks.