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Judgment
N.K. Patil, J.—Though this appeal is posted for further orders with the consent of the learned Counsel appearing for both the parties, the same is taken up for final disposal.
This appeal is by the claimants directed against the impugned judgment and award dated 1st October 2011 passed in M.V.C. No. 3503/2010 on the file of the IX Additional Senior Civil Judge, Member, M.A.C.T.-7, Court of Small Causes, Bangalore (hereinafter referred to as ''Tribunal'' for short). The Tribunal by its impugned Judgment and Award, awarded a sum of Rs. 4,65,000/- with interest at the rate of 6% p.a. from the date of petition till the date of realization on account of the death of late Mr. H.N. Santosh in the road traffic accident. The claimants have filed this appeal on the ground that the quantum of compensation awarded by the Tribunal is inadequate and requires enhancement.
The brief facts of the case on hand are that, the appellant No. 1 is the father, appellant No. 2 is mother and appellant No. 3 is sister of the deceased late Mr. H.N. Santosh. They have filed a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation against the respondents on account of untimely death of the deceased H.N. Santosh in the road traffic accident occurred on 29.07.2009 at about 7.30 a.m. contending that the deceased was proceeding on his motor cycle bearing Regn. No. KA-11/R-5847 from Honnali to Shimoga Main Road and when he came near the land belonging to Bedarahosahalli Parameshwarappa, at that time, a Lorry bearing Regn. No. KA-11/1342 driven by its driver at high speed and in rash and negligent manner dashed against the two wheeler - Motor cycle. Due to the impact, he fell down and sustained fatal injuries and succumbed to the same. It is the further case of the appellants that the deceased was a very bright and committed B.Ed. Graduate, working as Teacher in private school and drawing salary of Rs. 7,400/- per month as per Ex. P16 and he was the only earning member and aged about 22 years and he used to spend the entire amount earned by him towards the welfare of the family. On account of untimely death of the deceased, parents have suffered mental pain and agony and unmarried sister has lost love and affection, inspiration and guidance of her brother. There is a total financial loss to the family and the entire family is under financial distress. The parents of the deceased have been deprived to see the bright future of the only son. Taking all these aspects into consideration, they filed a claim petition under Section 166 of the M.V. Act against the respondents before the Tribunal.
The said matter had come up for consideration before the Tribunal. The Tribunal in turn after due appreciation of the oral and documentary evidence, assessed the income of the deceased at Rs. 5,000/- p.m. and deducted 50% towards personal expenses of the deceased and by applying the multiplier ''14'' taking the age of the younger parent, mother allowed the same in part by awarding a sum of Rs. 4,20,000/- towards loss of dependency and Rs. 45,000/- towards conventional heads. In all the Tribunal awarded compensation of Rs. 4,65,000/- with interest at 6% p.a. from the date of petition till realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants herein necessitated to present this appeal seeking enhancement of compensation.
It is the submission of the learned Counsel appearing for the appellants at the outset that, the Tribunal has erred in not accepting the salary certificate - Ex. P16 on the sole ground that the claimants have not examined the author of the said document nor produced the passbook to substantiate the income of the deceased. He seeks to point out and submit that Ex. P16 has been produced to establish the income of the deceased as he was B.Ed. Graduate and the income earned by him is mentioned in the salary certificate as on the date of accident by working as Teacher in private school i.e. Rs. 6,200/- per month. Therefore, he submitted that the income of the deceased may be taken at Rs. 6,200/- per month and out of which 50% may be deducted towards personal expenses and by applying the multiplier taking the age of the younger parent, award reasonable compensation towards loss of dependency and also conventional heads by modifying the impugned Judgment and Award passed by the Tribunal.
As against this, the learned Counsel appearing for the 1st respondent - insurer, inter-alia contended and sought to substantiate stating that the impugned Judgment and award passed by the Tribunal is after due consideration of oral and documentary evidence available on record. Therefore, interference by this Court is not called for.
After careful consideration of the submission of the learned Counsel appearing for both the parties and after perusal of the impugned judgment and award passed by the Tribunal, the only point that arises for consideration is:
"Whether the quantum of compensation awarded by the Tribunal is just and reasonable?"
The occurrence of the accident and the resultant death of the deceased in the road traffic accident that occurred on 29.7.2009 are not in dispute. It is also not in dispute that the deceased was aged about 22 years, B.Ed., Graduate working in Private Institution and drawing salary of Rs. 6,200/- per month as per Ex. P16 and the same is accepted. The deceased was Bachelor as on the date of the accident.
Taking all these aspects into consideration and having regard to the age, avocation of the deceased and year of accident, we can safely re-assess the income of the deceased at Rs. 6,200/- per month, to meet the ends of justice. Out of which, if we deduct 50% towards his personal expenses i.e. Rs. 3,100/- per month, the remaining net income towards the contribution on the part of the deceased to the family would be Rs. 3,100/- per month. The age of younger parent, mother, was 30 years as on the date of accident and the appropriate multiplier applicable is ''15''. Accordingly, we re-determine the compensation towards loss of dependency at Rs. 5,58,000/- (Rs. 3,100/- x 12 x 15), and accordingly it is awarded.
Having regard to the facts and circumstances stated supra and in the light of the judgments of the Apex Court and this Court in host of judgments, we deem it fit to award Rs. 75,000/- towards loss of love and affection at the rate of Rs. 25,000/- to each claimant, Rs. 25,000/- towards loss of estate and Rs. 25,000/- towards transportation and funeral expenses. The appellants/claimants are entitled to a total compensation of Rs. 6,83,000/- as against Rs. 4,65,000/- awarded by the Tribunal. There would be enhancement of Rs. 2,18,000/- with interest at the rate of 6% p.a. from the date of petition till realisation.
For the foregoing reasons, the instant appeal filed by the appellants is allowed in part. The impugned Judgment and Award passed by the Tribunal dated 1st October 2011 passed in M.V.C. No. 3503/2010 on the file of the IX Additional Senior Civil Judge, Member, M.A.C.T.-7, Court of Small Causes, Bangalore is hereby modified awarding Rs. 2,18,000/- with interest at 6% p.a. from the date of petition till realization in addition to the compensation awarded by the Tribunal.
The 1st respondent - Insurer herein is directed to deposit the enhanced compensation amount with interest at 6% p.a. from the date of petition till realization, within a period of three weeks from the date of receipt of copy of this judgment and award, excluding the interest for the delayed period of 659 days.
Out of the enhanced compensation of Rs. 2,18,000/-, Rs. 1,00,000/- with proportionate interest shall be invested in Fixed Deposit in the name of the appellant No. 2 - mother of the deceased in any Nationalized or Scheduled or Grameena Bank, for a period of 10 years and renewable for 5 years and she is entitled to withdraw the periodical interest accrued on it.
Remaining sum of Rs. 1,18,000/- with proportionate interest shall be released in favour of the appellant Nos. 1 and 2, in equal proportion, immediately on deposit by the 1st respondent - Insurer.
Draw the award, accordingly.