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Judgment
N.K. Patil, J.—This appeal by the claimants is directed against the impugned judgment and award dated 14.07.2005 passed in MVC No. 2796/04 on the file of the Member. MACT-V, Addl. Judge, Court of Small Causes, Bangalore. SCCH No. 5, (hereinafter referred to as ''the Tribunal'' for short).
By its judgment and award, the Tribunal has awarded a sum of Rs. 1,15,000/- with interest at 6% p.a. from the date of petition till realisation as against the claim made by the Appellants for a sum of Rs. 15,00,000/- on account of the death of Sri. Syed Abdul Rehman in the road traffic accident. Being aggrieved by the said judgment and award, the Appellants have presented this appeal seeking enhancement on the ground that, the amount awarded by the Tribunal is inadequate.
In brief, the facts of the case are:
The Appellants are the wife and daughter of late Sri Syed Abdul Rehman. They filed the claim petition u/s 166 of the M.V. Act claiming compensation of Rs. 15,00,000/- on account of the untimely death of the deceased in the road traffic accident that occurred on 1.5.2004 at about 9.45 p.m. while the deceased was crossing Dhanvantri road, Mysore, along with 2nd Appellant, cautiously after observing either side of the road. At that time, an autorickshaw bearing No. KA09 A 0098 came from western side, driven by its driver in a high speed, in a rash and negligent manner and dashed against the deceased. As a result, he fell down and sustained head injury, fracture of both legs, ear and he was immediately shifted to K.R. hospital. But, in spite of giving best medical aid, they could not save the deceased. He succumbed to the injuries on 4.5.2004. The Appellants contended that the deceased was aged 65 years, hale and healthy, doing scrap business getting income of Rs. 8.000/- p.m. He was the sole bread winner in the family. Due to his untimely death, the first Appellant being the wife has lost her life partner and the second Appellant has lost the love and affection of her father. Their social and economic life has been joepardised. The Tribunal after assessing the oral and documentary evidence and other material on file, awarded compensation of Rs. 1,15,000/- with interest at 6% p.a. from the date of the petition till realisation. The Appellants being dissatisfied with the compensation awarded by the Tribunal towards loss of dependency and conventional heads, felt necessitated to file this appeal.
We have heard the learned Counsel for the Appellants and the learned Counsel for the Respondent No. 1 insurer for considerable length of time.
The occurrence of the accident and the resultant death of the death ate not in dispute. The Appellants contend that, the deceased was aged about 65 years, was doing scrap business earning Rs. 8,000/- p.m. But. except their oral say, they have not produced any authenticated document to substantiate his income. The Tribunal has assessed the income of the deceased at Rs. 2,250/- p.m., deducted one-third towards his personal expenses and adopting the multiplicand of 5 for arriving at the loss of dependency at Rs. 90,000/-. We are of the view that it is very less and requires to be enhanced. Hence, having regard to the age of the deceased and the year of accident, we can safely assess the income of the deceased at Rs. 3,500/- p.m. Out of which, if one-third is deducted towards his personal expenses, the net income per month would be Rs. 2,334/. Further, having regard to the age old the deceased being 65 years, the appropriate multiplier applicable is 7. Accordingly, we re-determine the compensation towards loss of dependency at Rs. 1,96,056/- ( Rs. 2,234 x 12 x 7). which is just and reasonable. Due to the untimely death of the deceased, the first Appellant being the wife has lost her life partner and the second Appellant has lost the love and affection of her father. Their social and economic life has been joepardised. Hence, we deem it just and proper to award Rs. 10,000/- towards loss of consortium; Rs. 10,000/- towards loss to estate, Rs. 10,000/- towards loss of love and affection and Rs. 10,000/- towards transportation of dead body, funeral and obsequies expenses, to meet the ends of justice. In all, the Appellants are entitled to a total compensation of Rs. 2,36,056/- as against the compensation of Rs. 1,15,000/- awarded by the tribunal. The enhanced compensation comes to Rs. 1,21,056/- which carries interest at 6% p.a. from the date of the petition till realisation.
Having regard to the facts and circumstances of the case as stated above, the appeal filed by the Appellants is allowed in part and the impugned judgment and award passed by the Tribunal in MVC No. 2796/2004 dated 14.7.2005 is hereby modified, granting the compensation of Rs. 2,36,056/- instead of Rs. 1,15,000/- awarded by the Tribunal.
The insurer is hereby directed to deposit the enhanced compensation of Rs. 1,21,056/- with interest at 6% p.a. from the date of petition till the date of realisation, within a period of three weeks from the date of receipt of a copy of this judgment and award.
Out of the enhanced compensation of Rs. 1,21,056/- a sum of Rs. 80,000/- with proportionate interest shall be invested in Fixed Deposit in the name of Appellant No. 1, in any Nationalized or Scheduled Bank, for a period of three years renewable by another years with liberty to Appellant No. 1 to withdraw the interest accrued on it, periodically.
The remaining compensation of Rs. 41,056/- with accrued interest shall be released in favour of Appellant No. 1, immediately, on deposit by the insurer.
Office is directed to draw the award, accordingly.