Chikkamma and Others vs Mathi-ur-Rehman and Others

N.K. Patil, J.—Though this appeal is posted for order, the same is taken up for final disposal with the consent of the respective parties.

This is claimants'' appeal filed against the impugned judgment and award dated 31.07.2012 passed in MVC No. 128/2011 on the file of the Senior Civil Judge and Members JMFC, MACT Arsikere, (hereinafter referred to as ''Tribunal'' for short), for enhancement of compensation.

The Tribunal by its judgment and award has awarded a sum of Rs. 1,25,000/- 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 Ravikumar in the road traffic accident.

In brief, the facts of the case are:

"The 1st appellant is the mother and 2nd and 3rd appellants are brothers of the deceased and they have filed a claim petition before the Tribunal under section 166 of M.V. Act, claiming compensation of 25,00,000/- on account of the death of the deceased in the road traffic accident, contending that, on 1-08-2010 at 7.30 p.m the friend of the deceased, one Mr. Upendra was riding motor vehicle (Bajaj Scooter) bearing Registration No. KA 13 E 3840 from Banavara towards Arsikere on NH-206 on the proper side of the road. Suddenly, he was hit from behind by a Lorry bearing registration No. MH-04-CG-6392 driven by the 1st respondent in a rash and negligent manner in high speed. The said accident took place near Jajur nursery of forest department, Bendekere hobli. Due to the said accident, the deceased and Mr. Upendra fell down and sustained grievous injuries. The lorry wheel went over the deceased Ravikumar, and he died on the spot. He was declared dead in J.C hospital, Arsikere and post mortem was conducted."

It is the further case of the appellants that, the deceased was aged about 26 years at the time of accident, hale and healthy and was having gift items shop and also an agriculturalist and earning more than Rs. 20,000/- per month and looking after the welfare of the family and due to his untimely death, they have suffered socially and economically. 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. 1,25,000/- under different heads 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 learned counsel appearing for the appellants at the outset submits that, the Tribunal has erred in awarding only Rs. 1,25,000/- as compensation and also taking monthly income of the deceased at Rs. 3,000/- and it requires to be reassessed as the deceased was aged about 26 years and accident has occurred on 1.08.2010 and redetermine the compensation by awarding reasonable compensation, modifying the impugned judgment and award passed by the Tribunal.

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 and is passed after considering the oral and documentary evidence and 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 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 26 years at the time of accident, hale and healthy and was having gift items shop and also an agriculturalist and looking after the welfare of the appellants. The claimants are none other than the mother and brothers of the deceased and they 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. 6,000/- per month to meet the ends of justice as against the income assessed by the Tribunal. Out of it, if 50% is deducted towards the personal expenses of the deceased, it comes Rs. 3,000/-. In the light of the decision in Sarla Verma''s case, the appropriate multiplier applicable to the age of the younger parent of deceased, i.e mother, aged about 66 years at the time of accident is 5. Accordingly, the appellants are entitled towards loss of dependency at Rs. 1,80,000/- (Rs. 3,000/-x12x5).

Considering the facts and circumstances of the case that, mother has lost her future security and brothers have lost the love and affection, inspiration and guidance in life, we deem it fit to award Rs. 50,000/- towards conventional heads. In all, the claimants are entitled for Rs. 2,30,000/- as against Rs. 1,25,000/- 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 31st July 2012 in MVC No. 128/2011 is hereby modified. The total compensation payable comes to Rs. 2,30,000/- as against Rs. 1,25,000/- awarded by the Tribunal. There will be an enhancement of Rs. 1,05,000/- with 8% interest per annum.

The 3rd respondent-Insurer is directed to deposit the enhanced compensation of Rs. 1,05,000/- 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.

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 realization, excluding interest for the delayed period of 219 days in filing the appeal, within three weeks from the date of receipt of a copy of this judgment and award.

Out of the enhanced compensation, 50% with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank, in the name of the 1st appellant/mother for a period of five years and renewable for another five years, with liberty to her to withdraw the interest accrued on it periodically.

The remaining 50% of the enhanced compensation with proportionate interest shall be released in favour of the 1st appellant, immediately, on deposit by the 3rd respondent-Insurer

Draw the award, accordingly.