Devarasaiah and Others vs Pasha and Others

P.D. Waingankar, J.—1. This appeal is directed against the quantum of compensation awarded in MVC No. 59/2005 on the file of the MACT and Senior Civil Judge, Nanjangud, whereby the Tribunal awarded a total compensation of Rs. 1,54,000/- with interest at 6% per annum from the date of petition till realization for the death of 14 years boy in a motor vehicle accident by a judgment and award dated 28.05.2008.

On 14.08.2005, deceased-Prakash, a boy aged about 14 years was proceeding on a bicycle from Nanjangud towards T. Narasipur. At about 12.15 p.m. a lorry bearing registration No. KA-08-599 came from behind and dashed against the bicycle which the deceased was riding. As a result, the deceased fell down and sustained grievous injuries and died while undergoing treatment.

His parents filed a claim petition under Section 166 of the M.V. Act in MVC No. 59/2005 claiming compensation from the owner and insurer of the lorry. It was opposed by the insurer of the lorry. The Tribunal on appreciation of evidence and by taking notional income at Rs. 15,000/- per annum, deducted 1/3rd towards personal expenses of the deceased and by applying ''15'' multiplier, determined loss of dependency at Rs. 1,50,000/-. In addition to that, the Tribunal awarded a sum of Rs. 3,000/- towards funeral expenses and Rs. 1,000/- towards transportation of the dead body. Thus, the Tribunal awarded a total compensation of Rs. 1,54,000/- with 6% interest from the date of petition till realization by the impugned judgment and award. Dissatisfied with the quantum of compensation awarded by the Tribunal, this appeal is preferred by the claimants.

The submission of the learned counsel appearing for the appellants/claimants is that the compensation awarded by the Tribunal is on the lower side and that it requires to be enhanced considerably not only under the head loss of dependency but also on conventional heads. The learned counsel relied upon the decision of the Supreme Court reported in , 2013 AIR SCW 5037 in the case of Kishan Gopal and another v. Lala and others. He also relied upon an unreported decision of this Court in M.F.A. No. 4862/2009 dated 07.11.2012 in the case of Mahadevaiah and another v. Puttaraju and another, wherein compensation of Rs. 5,00,000/- is awarded in the case of the death of a boy aged 10 years.

On the other hand, the learned counsel for the respondent/insurance company would submit that the Tribunal on proper appreciation of evidence has rightly awarded the compensation which is just and reasonable and that no interference is called for in the judgment and award.

Having heard the submission made by both the learned counsel and on perusal of the entire material on record, the point that would arise for my determination is

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

From the submission made by both the learned counsel and the material on record, the accident and the death of deceased-Prakash in the accident on account of rash and negligent driving of the lorry by its driver is not in dispute. Ex. P5 is the Post Mortem report, wherein the age of the deceased is shown as 13 years. Therefore, the Tribunal has rightly treated him as non-earning member. In a decision relied upon by the counsel for the appellant reported in , 2013 AIR SCW 5037, in the case of death of a boy aged about 10 years who died in a road accident on 19.07.1992, the compensation awarded by the Tribunal was enhanced from Rs. 1,57,000/- to Rs. 5,00,000/- by the Supreme Court. Similarly, in M.F.A. No. 4862/2009 decided on 07.11.2012, this Court enhanced the compensation awarded by the Tribunal from Rs. 1,59,000/- to Rs. 5,10,000/- in the case of the death of a boy aged 16 years in a motor vehicle accident that occurred on 22.09.2005. The claimants in this case are better placed than the claimants in the aforesaid decisions cited by the counsel for the claimants. The Supreme Court awarded Rs. 5,00,000/- in the case of death of a boy aged 10 years in the accident that occurred in the year 1992. Whereas in the case on hand, deceased died in the accident on 14.08.2005 was 13 years old. Therefore, I have every reason to rely upon the decision of the Supreme Court and to enhance the compensation awarded by the Tribunal from Rs. 1,54,000/- to Rs. 5,00,000/- towards loss of dependency and under the conventional heads together with 6% interest thereon from the date of petition till realization.

Accordingly, the appeal is allowed in part. The judgment and award dated 28.05.2008 in MVC No. 59/2005 on the file of the MACT and Senior Civil Judge, Nanjangud, stands modified awarding an enhanced compensation of Rs. 3,46,000/- over and above the compensation awarded by the Tribunal together with 6% interest per annum from the date of petition till realization.

The respondent No. 3-insurance company is directed to deposit the enhanced compensation with interest within a period of three weeks from the date of receipt of the copy of the judgment.

The apportionment and investment of the enhanced compensation shall be in the same proportion as ordered by the Tribunal.