B.H. Jagadish and Others vs B.E. Suresh and Others

P.D. Waingankar, J.—Aggrieved by the quantum of compensation awarded in MVC No. 241/2012 by the judgment and award dated 20th August 2013 on the file of the I Addl. District Judge and Motor Accident Claims Tribunal, Chikmagalur, this appeal is preferred by the claimants.

On 4.1.2012, at about 9.30 p.m., one Sampath Kumar died in a motor vehicle accident, on account of rash and negligent driving of the tractor-trailer bearing registration No. KA-18/T-7869 by its driver B. Suresh. His wife, minor child and both parents filed a claim petition in MVC No. 241/2012 under Section 166 of the M.V. Act claiming compensation from the owner and insurer of the tractor-trailer. The claim petition was opposed by the insurer of the tractor. It came up for consideration before the tribunal, before whom, claimant No. 3-wife of the deceased Smt. Shwetha was examined as PW-1, Exs-P1 to P11 were marked. On behalf the insurance company, Exs-R1 to R3 were marked. The tribunal upon appreciation of evidence and on hearing the submissions made by the counsel for the parties by the impugned judgment and award determined loss of dependency'' at Rs. 6,48,000/- by taking the income of the deceased at Rs. 4,500/- p.m. and by deducting 1/4 income towards his living and personal expenses and multiplier as ''16'', having regard to the age of the deceased as ''35'' years. Further, the tribunal awarded a sum of Rs. 10,000/- towards ''loss of love and affection'', Rs. 10,000/- towards ''marital status'' and Rs. 5,000/- towards ''funeral expenses''. Thus, the tribunal awarded a total compensation of Rs. 6,73,000/-. Dissatisfied with the quantum of compensation, this appeal is preferred by the claimants.

The submission of the learned counsel for the appellants-claimants is that the tribunal has taken the monthly income of the deceased at Rs. 4,500/- p.m. though he was earning more than Rs. 10,000/- p.m., that he was the bread earner of the family and on account of his untimely death, the entire family is facing economic crises and hence the amount awarded by the tribunal under all the heads requires to be enhanced considerably.

On the other hand, learned counsel appearing for the insurance company would submit that the tribunal upon going through the material placed on record and on appreciation of evidence has rightly awarded the compensation under all the heads and no interference is called for.

In view of the submission made by the learned counsel for the parties and on perusal of the material on record and the 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 proper?

From the material placed on record and the submission made by learned counsel for the parties, the accident, negligence of the driver of the tractor and the death of the deceased in the said accident are not in dispute. Similarly the relationship of the claimants with the deceased is also not in dispute. What is disputed by the claimants is that the income of the deceased taken by the tribunal is on the lower side. The claimants have produced RTC extracts to show that the deceased was an agriculturist earning more than Rs. 10,000/- p.m. From perusal of the RTC extracts, it is evident that they stand in the name of Jagadisha-the father of the deceased. No concrete evidence has been produced to speak about the exact income of the deceased. Therefore, having regard to the fact that the accident occurred in the year 2012, we feel it appropriate to take the monthly income of the deceased at Rs. 6,500/- p.m. The tribunal has rightly deducted 1/3rd of the income towards ''personal and living expenses''. Since dependents are four in number, by deducting 1/4th of the income of the deceased and by applying ''16'' multiplier and having regard to the age of the deceased as 35 years at the time of accident, we determine total ''loss of dependency'' at Rs. 9,36,000/- (Rs. 4,875/- x 12 x 16) as against Rs. 6,48,000/- determined by the tribunal. As rightly submitted by learned counsel for the appellants-claimants, the amount awarded by the tribunal under the head loss of love and affection'', ''marital status'' and ''funeral expenses'' is also on the lower side. We therefore, determine a sum of Rs. 1.00 lakh towards ''loss of consortium'' since claimant No. 3-Swetha-wife of the deceased left the company of her husband at a young age of 23 years. Further, we award a sum of Rs. 1.00 lakh towards ''loss of love and affection'' at the rate of Rs. 25,000/- each to the claimants. We also award Rs. 25,000/- towards ''loss of estate'' and another Rs. 25,000/- towards ''transportation of dead-body and funeral expenses''. Thus the claimants are entitled for a total compensation of Rs. 12,11,000/- as against Rs. 6,73,000/- awarded by the tribunal. There shall be enhancement of Rs. 5,38,000/-. Since the accident had occurred in the year 2012, we deem it just and proper to award interest at 9% on the enhanced compensation from the date of petition till the date of realization.

For the foregoing reasons, the appeal filed by the appellants-claimants is allowed-in-part. The judgment and award dated 20th August 2003 in MVC No. 241/2012 on the file of the I Addl. District Judge and Motor Accident Claims Tribunal, Chikmagalur stands modified awarding enhanced compensation of Rs. 4,63,000/- over and above the compensation awarded by the tribunal together with 9% p.a. interest thereon from the date of petition till the date of realization.

The respondent insurer is directed to deposit the enhanced compensation together with interest within a period of three weeks from the date of receipt of copy of this judgment.

In the event of deposit, a sum of Rs. 2.00 lakhs with proportionate interest shall be deposited in the name of the third claimant-Swetha-wife of the deceased in Fixed Deposit in any Nationalised Bank/Schedule Bank for a period of five years renewable for another five years with liberty to her to withdraw accrued interest periodically.

A sum of Rs. 1.00 lakh with proportionate interest shall be deposited in the name of the 4th claimant-Master Srimanth in any Nationalised Bank/Schedule Bank till he attain the age of majority with liberty to claimant No. 3-Swetha-mother and natural guardian of claimant No. 4 to withdraw the interest periodically for the welfare of the minor claimant.

An amount of Rs. 50,000/- each shall be deposited in the name of claimant Nos. 1 and 2 with proportionate interest for a period of five years.

The remaining amount with proportionate interest shall be released in favour of first and third claimant in equal proportion.