Chandrashekar P.N. H/o Vijaya R. and P.D. Deepak vs K.S.R.T.C.

N.K. Patil, J.—This appeal is arising out of the impugned judgment and award dated 16.12.2004 passed in MVC No. 267/2001 on the file of the Principal I Civil Judge (Sr.Dn.) & MACT, Mysore, (hereinafter referred to as ''Tribunal'' for short).

The Tribunal by its judgement and award has awarded a sum of Rs. 7,91,336/- with interest at 6% per annum from the date of petition till the date of realisation, as against the claim of the appellants for a sum of Rs. 49,05,000/- on account of the death of the deceased Smt. R. Vijaya in the road traffic accident. Being aggrieved by the said judgment and award, the appellants have presented this appeal, for enhancement of compensation, on the ground that, the compensation awarded by the Tribunal is inadequate.

In brief, the facts of the case are:

The appellant No. 1 is the husband and appellant No. 2 is the minor child of the deceased. They have filed the claim petition claiming compensation of Rs. 49,05,000/- on account of the death of late Smt. R. Vijaya in the road traffic accident, contending that, on 15.4.2001 at about 7.40 pm. On Bangalore Nilagiri Road near the Tank Bund Road Junction in Mysore, the deceased, wife of appellant No. 1 and mother of appellant No. 2, was proceeding as a pillion rider of Suzuki Samurai bearing No. KA09 R 6423 along with the appellant No. 1 her husband. At that time, the KSRTC bus bearing No. KA09 F2612 came in a rash and negligent manner and dashed against the motor bike as a result of which, the deceased fell down and the bus ran over her causing her death on the spot. The case of the appellants is that the deceased was aged about 40 years as on the date of accident working as an Officer in Canara Bank drawing salary of Rs. 16,772/-p.m. In view of the death of the deceased, the appellants filed a Claim Petition u/s 166 of MV Act. The said claim petition had come up for consideration before the Tribunal, which in turn, after assessing the oral and documentary evidence and other material available on file, has allowed the claim petition in part and awarded the compensation of Rs. 7,91,336/- with interest at 6% p.a. from the date of petition till the date of realisation. Being aggrieved by the said judgment and award, the appellants have presented this appeal.

We have heard the learned Counsel for the appellants and the learned Counsel for the respondent Corporation.

After careful evaluation of the impugned judgment and award and also the original records, what emerges is that the Tribunal has not awarded just and reasonable compensation to the appellants towards loss of dependency. It is not in dispute that the deceased was aged about 40 years at the time of accident, working as an officer in Canara Bank drawing salary of Rs. 16,772/-p.m. Out of which, if income tax and professional tax amounting to Rs. 617/- is deducted, the net salary comes to Rs. 16,155/-p.m. In view of the judgment of the Apex Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , since the deceased was aged 40 years, 50% of her salary must be taken as future prospects and if the same is added to the monthly salary, the net salary comes to Rs. 24,232.50/- p.m. Out of which if 50% is deducted towards her personal expenses the net income comes to Rs. 12,116/- p.m. The deceased aged about 40 years and hence the appropriate multiplier applicable is 15. Therefore, we re-determine compensation payable towards loss of dependency at 21,80,880/- (Rs. 12,116/- x 12 x 15 multiplier) as against Rs. 7,56,336/- awarded by the Tribunal.

The Tribunal has awarded just and reasonable compensation under the conventional heads i.e. towards loss of consortium Rs. 10,000/-; towards loss of estate Rs. 10,000/-; towards loss of love and affection Rs. 10,000/- and Rs. 5,000/- towards funeral expenses and therefore, interference by this Court is not called for.

Having regard to the facts and circumstances of the case as stated above, the impugned judgment and award passed by the Tribunal is liable to be modified. The total compensation payable comes to Rs. 22,15,880/- and the break up is as follows:

Towards Loss of dependency : Rs. 21,80,880/- 2. Towards loss of consortium : Rs. 10,000/- 3. Towards loss of estate : Rs. 10,000/- 4. Towards loss of love and affection : Rs. 10,000/- 5. Towards transportation and Funeral expenses : Rs. 5,000/- ------------------ Total : Rs. 22,15,880/- ------------------

Accordingly, the appeal is allowed in part and the impugned judgment and award passed by the Tribunal in MVC No. 267/2001 is hereby modified, granting the compensation of Rs. 22,15,880/- as against Rs. 7,91,336/- awarded by the tribunal. The enhanced compensation comes to Rs. 14,24,544/-.

The respondent-Corporation is hereby directed to deposit the enhanced compensation of Rs. 14,24,544/- with interest at 6% p.a. from the date of petition till the date of realisation, within a period of four weeks from the date of receipt of a copy of this judgment and award. Out of the enhanced compensation of Rs. 14,24,544/- a sum of Rs. 10,00,000/- with proportionate interest shall be invested in. the Fixed Deposit in the name of appellant No. 2 in any Nationalized or Scheduled Bank, for a period of five years renewable by five years with liberty to withdraw the interest accrued on it, periodically.

A sum of Rs. 3,00,000/- with proportionate interest shall be invested in the Fixed Deposit in the name of appellant No. 1 in any Nationalized or Scheduled Bank for a period of five years and renewable by another five years with liberty to withdraw the interest accrued on it.

The remaining sum of Rs. 1,24,544/- with proportionate interest shall be released in favour of the appellants 1 and 2 in equal proportion, immediately, on deposit by the Corporation.

Office is directed to draw the award, accordingly.