Bhimavva and Others vs Revathi and Others

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

This is claimants'' appeal filed against the impugned judgment and award dated 21st August 2012 passed in MVC No. 152/2010 on the file of the Principal District Judge and Member, MACT, at Tumkur (hereinafter referred to as ''Tribunal'' for short), for enhancement of compensation.

The Tribunal by its judgment and award has awarded a sum of Rs. 3,75,700/- under different heads with interest at 6% per annum from the date of petition till the date of deposit, as against the claim of the claimants for a sum of Rs. 25,00,000/-, on account of the death of the deceased late Sri Sharanappa in the road traffic accident.

In brief, the facts of the case are:

"The 1st appellant is wife and 2nd and 3rd appellants are children of deceased Sharanappa and they have filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation of Rs. 25,00,000/- on account of the death of the deceased in the road traffic accident, contending that, when the deceased by name Sharanappa on 11.10.2009 at 5.00 P.M was walking for the bus near Managi Village on Hiriur-Tumkur, National Highway No. 4, a Tata Safari Car bearing Reg. No. K.A.-02 MB-3236, being driven by its driver in a rash and negligent manner dashed against the deceased. In the said accident, the deceased sustained grievous injuries and was immediately shifted to Government Hospital, Sira and then to Sanjay Gandhi Hospital, Bangalore, where he was admitted as inpatient for a period of one month and thereafter the deceased went to the stage of coma and succumbed to the injuries while under treatment. The appellants have spent Rs. 2,00,000/- towards medical expenses and 10,000/- towards transport and funeral charges. It is the case of the appellants that they are dependents on the deceased. Deceased was the only bread earning member and they were entirely dependent on the deceased. Accident caused due to actionable negligence of driver of the lorry. It is the further case of the appellants that, the deceased was aged about 46 years at the time of accident, hale and healthy and working as Manager in Sri. Matha Krushi Vignana Kendra and was cultivating pomegranate in the land of that establishment earning Rs. 8,000/- p.m, and contributed entire income to the benefit of his family. He was looking after the welfare of the family and due to his untimely death, they suffered socially and economically and sudden death of the deceased has caused much hardship to his family members. 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, has allowed the claim petition in part taking the income of the deceased at Rs. 4000/- p.m, deducting 50% towards personal expenses and adopting multiplier of ''13'' awarded the compensation of Rs. 3,12,000/- towards loss of dependency, Rs. 33,560/- towards medical expenses, Rs. 2000/- towards loss of income during the period of hospitalization, Rs. 3,100/- towards attendants charges, Rs. 20,000/- towards loss of consortium, Rs. 5,000/- towards transportation of body and funeral expenses in total Rs. 3,75,700/- with interest at 6% p.a., from the date of petition till the date of deposit. 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 at the outset is that, the Tribunal has failed to assess the just and reasonable income of the deceased and the income of Rs. 4,000/- per month assessed by the Tribunal is on the lower side since the accident has occurred on 11.10.2009 and he was working as Manager in Sri. Matha Krushi Vignana Kendra and also cultivating pomegranate in 3 acres of land owned by him and doing petty hotel business. The entire family was dependent on the deceased. As he was aged about 46 years, the proper multiplier applicable is 13 and proper deduction applicable is 1/3rd towards personal expenses of the deceased. Therefore, he submitted that the income of the deceased may be re-assessed and the impugned judgment and award passed by the Tribunal may be modified, awarding just and reasonable compensation.

Per contra, the 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. It is passed after considering the oral and documentary evidence and interference by this Court is not called for. However, he submitted that the impugned judgment and award passed by the Tribunal may be modified in accordance with law only in so far as conventional heads.

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 arise for consideration is:

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

It is not in dispute that the deceased died in the road traffic accident. Further it is not in dispute that, the deceased was aged about 46 years at the time of accident, hale and healthy and looking after the welfare of the appellants. The accident occurred on 11.10.2009 and he succumbed to the injuries on 12.11.2009 after more than 9 months. The claimants are none other than the wife and children of the deceased, who have lost their future security due to his untimely death. Having regard to the age, avocation and year of accident, we can safely reassess the income of the deceased at Rs. 5,000/- per month to meet the ends of justice as against the income assessed by the Tribunal. Out of it, if 1/3rd is deducted towards the personal expenses of the deceased, it comes to Rs. 3,334/-. In the light of the decision in Sarla Verma''s case, the appropriate multiplier applicable is 13. Accordingly, the appellants are entitled towards loss of dependency at Rs. 5,20,104/- (Rs.3,334/-x12x13).

Considering the facts and circumstances of the case that, the wife has lost her life partner at an young age and the minor children have lost the love and affection, inspiration and guidance in life, we deem it fit to award Rs. 50,000/- towards loss of consortium, Rs. 25,000/- towards loss of estate, Rs. 30,000/- towards loss of love and affection at the rate of Rs. 10,000/- to each appellant and Rs. 25,000/- towards funeral and transportation expenses. The appellants has stated that they have spent Rs. 2,00,000/- towards medical expenses. The amount awarded Rs. 33,560.20 towards medical expenses is on lower side, considering the fact the deceased survived for more than a month before succumbing to the injures sustained in the road traffic accident. Therefore we deem it fit to award another Rs. 50,000/- towards medical expenses and other incidental expenses. In all, the claimants are entitled for Rs. 7,00,104/- as against Rs. 3,75,700/- awarded by the Tribunal.

Having regard to the facts and circumstances of the case as stated above, appeal is allowed in part. The impugned judgment and award passed by the Tribunal dated 21st August 2012 in MVC No. 152/2010 is hereby modified. The total compensation payable comes to Rs. 7,00,104/- as against Rs. 3,75,700/- awarded by the Tribunal. There will be an enhancement of Rs. 3,24,404/- with 6% interest per annum, excluding interest for the delayed period of 306 days in filing the appeal.

The 2nd respondent-Insurer is directed to deposit the enhanced compensation of Rs. 3,24,404/- with interest at 6% p.a., from the date of petition till the date of realisation, excluding interest for the delayed period of 306 days in filing the appeal, within three weeks from the date of receipt of a copy of this judgment.

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

The remaining Rs. 1,24,404/- with proportionate interest shall be released in favour of the 1st appellant, immediately, on deposit by the 2nd respondent-Insurer.

Draw the award, accordingly.