Channaveeramma vs Mallikarjunaiah

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

This appeal by the appellant-claimant is directed against the impugned judgment and award dated 20/08/2013 passed in MVC No. 749/2010, by the Senior Civil Judge and XIV Motor Accident Claims Tribunal, Tiptur, (hereinafter referred to as ''Tribunal'' for short), for enhancement of compensation., on the ground that, a sum of Rs. 3,13,036/- awarded by the Tribunal under different heads with interest at 6% per annum from the date of petition till its payment, as against the claim of Rs. 20,00,000/- on account of the death of the deceased Sri. Chandraiah, in the road traffic accident is inadequate.

In brief, the facts of the case are:

"The appellant is the wife of the deceased. She 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 24.4.2010 at about 4.15 p.m. deceased was travelling as a pillion rider along with one Sri. A.S. Kantharaju on his Hero Honda Splendor plus bearing Reg. No. K.A. 44.E. 6680 from Tiptur town to Madihalli on extreme left side of N.H. 206 road in front of S.V.P. College near Garudala swamy temple and crossed the road from left to right side with caution for taking juice, at that time, the driver of Maruthi Omni van bearing Reg. No. KA. 40. M. 117 came from opposite side in a rash and negligent manner with high speed and dashed against the motor cycle. Due to which, the rider and pillion rider were fell down and sustained several injuries. Immediately deceased was shifted to Government Hospital Tiptur, but on the way, he succumbed to the injuries." 4. It is the further case of the appellant that, deceased was aged about 60 years, hale and healthy prior to the accident and doing agriculture and also supplying water and earning Rs. 800/- per day and looking after the welfare of the family by contributing his entire earnings to the family and he was the only earning member in the family. Due to his untimely death, appellant has suffered financial loss as she has lost her life partner who was the only bread earner in the family, 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. 3,13,036/- under different heads with interest at 6% p.a., from the date of petition till its payment.

Being dis- satisfied with the quantum of compensation awarded by the Tribunal, the appellant has presented this appeal, for enhancement of compensation.

The submission of the learned counsel appearing for the appellant, at the outset is that, deceased was aged about 60 years, hale and healthy prior to the accident, only earning member in the family and doing agriculture, had obtained electric connection to the borewell and supplying water to the houses and getting more than Rs. 27,000/- per month, but the Tribunal has assessed his income at Rs. 4,000/- per month which is on the lower side having regard to his age and avocation. Therefore, he submitted that, the income of the deceased may be re-assessed reasonably. He further submits that the Tribunal has erred in not awarding reasonable compensation towards conventional heads and that the rate of interest awarded at 6% p.a., is on the lower side and is liable to be enhanced. Therefore, he submitted that the impugned judgment and award passed by the Tribunal is liable to be modified.

Per contra, learned counsel appearing for Insurer Sri. R. Rajagopalan, inter-alia, sought to substantiate the impugned judgment and award passed by the Tribunal as just and proper and after due appreciation of the oral and documentary evidence available on file as the appellant has not produced any credible documents to prove the income of the deceased at Rs. 27,000/-. However, after perusal of the impugned judgment and award and also having regard to the age and avocation of the deceased and the year of the accident, he submitted that the income of the deceased may be re-assessed reasonably and reasonable compensation may be awarded towards loss of dependency and towards conventional heads in accordance with law.

After hearing the learned counsel appearing for both the parties, 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?" 10. The occurrence of the accident and the resultant death of the deceased are not in dispute. The Tribunal has assessed the income of the deceased at Rs. 4,000/- per month which is on the lower side and it needs to be enhanced reasonably. It is not in dispute that deceased was aged about 60 years, hale and healthy prior to the accident, agriculturist by profession and also supplying water to the houses and appellant is the wife aged about 54 years and deceased was the only earning member in the family and on account of his death, appellant has lost her life partner at her crucial age as she is entirely depending on him. Even though it is the contention of appellant that deceased was earning Rs. 27,000/- per month from his profession, she has not produced any credible documents or bank statement to prove his income except making oral submission. Having regard to the age and occupation of the deceased and the year of accident, we re-assess his income at Rs. 7,500/- per month instead of Rs. 4,000/- per month as assessed by the Tribunal. Out of which, if 1/3rd ( Rs. 2,500/-) is deducted towards the personal and living expenses of the deceased, his net income comes to Rs. 5,000/- per month. The proper multiplier applicable is ''9'' since deceased was aged about 60 years as rightly adopted by the Tribunal. Therefore, we re-determine the loss of dependency at Rs. 5,40,000/- ( Rs. 5,000/- x 12 x 9) instead of Rs. 2,88,036/- as awarded by the Tribunal and accordingly, it is awarded.

Having regard to the facts and circumstances of the case as referred above, we award a sum of Rs. 1,00,000/- towards loss of consortium, Rs. 10,000/- towards loss of love and affection, Rs. 25,000/- towards loss of estate and Rs. 25,000/- towards transportation and funeral expenses. In all, the appellants are entitled to a total compensation of Rs. 7,00,000/- instead of 3,13,036/- awarded by the Tribunal.

Further as rightly pointed out by the learned counsel appearing for the appellants, 6% interest per annum awarded by the Tribunal is on the lower side, since the accident is of the year 2010. In the light of the judgment of Apex Court and this Court we award the rate of interest at 8% per annum from the date of petition till its realization on the enhanced compensation instead of 6% awarded by the Tribunal.

There would be an enhancement of Rs. 3,86,964/- with interest at 8% 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 20/08/2013 passed in MVC No. 749/2010, by the Senior Civil Judge and XIV Motor Accident Claims Tribunal, Tiptur, is hereby modified, awarding a sum of Rs. 3,86,964/- with interest at 8% p.a., from the date of petition till its realization, in addition to the compensation awarded by the Tribunal.

The 3rd respondent-Insurer is directed to deposit the enhanced compensation of Rs. 3,86,964/- with interest at 8% 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.

Immediately on deposit by the Insurer, out of the enhanced compensation of Rs. 3,86,964/-, a sum of Rs. 2,50,000/- with proportionate interest shall be invested in the Fixed Deposit, in the name of the appellant, wife of the deceased, in any Nationalized or Scheduled or Grameena Bank, for a period of 10 years and renewable by another 05 years, with liberty reserved to the appellant to withdraw the interest accrued on it, periodically.

The remaining sum of Rs. 1,36,964/- with proportionate interest shall be released in favour of appellant immediately.

Draw the award, accordingly.