Hanumanthappa and Chandramma vs M/s. Oriental Insu. Co. Ltd. and N.B. Shivakumar

N.K. Patil, J.—This appeal by the claimants is directed against the impugned judgment and award dated 12.07.2010 passed in MVC No. 222/2010 on the file of the Senior Civil Judge and Addl. MACT, Holalkere (hereinafter referred to as Tribunal'' for short), for enhancement of compensation. The Tribunal by its judgment and award has awarded a sum of Rs. 2,92,000/- 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. 24,00,000/-, on account of the death of the deceased-Basavaraja, in the road traffic accident.

In brief, the facts of the case are:

The claimants are none other than the parents of the deceased and they have filed a claim petition before the Tribunal u/s 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 29.09.2009 at 5.30 p.m., when the deceased was going by walk near Madihallygate, Hosadurga-Hiriyur road, at Hosadurga Taluk due to the rash and negligent driving by the driver of the bus bearing Regn. No. KA-06/D-9898 he met with an accident and succumbed to the injuries.

It is the case of the appellants that, the deceased was aged about 23 years and hale and healthy at the time of accident and by doing mason work he was looking after the welfare of the family. He was the only son and earning member in the family. Due to his untimely death the appellants have lost hope and security in life and also they are deprived to see the bright future of their son. Therefore, they were constrained to file a claim petition before the Tribunal and 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. 2,92,000/- 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, seeking enhancement of compensation.

The submission of the learned counsel appearing for the appellants at the outset is that, the Tribunal has erred in assessing the income of the deceased at Rs. 100/- per day, since the accident is of the year 2009 and the deceased by doing mason work was looking after the welfare of the parents. Therefore, the impugned judgment and award passed by the Tribunal is liable to be modified by awarding reasonable compensation.

As against this, the learned counsel appearing for the 1st respondent-Insurer inter alia contended and substantiated that, the impugned judgment and award passed by the Tribunal is just and proper. It 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 arises 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 and the claimants are none other than the parents of the deceased. Further it is not in dispute that, the deceased was aged about 23 years at the time of accident, hale and healthy and by doing mason work he was looking after the appellants. Due to his untimely death the appellants have lost their only bread earner in the family and they are deprived to see the bright future of their son. Taking into consideration these aspects, we deem it fit to re-assess the income of the deceased at Rs. 5,000/- per month to meet the ends of justice and deduct 50% towards personal expenses of the deceased, as he was unmarried. Accordingly, if 50% Rs. 2,500/- is deducted, it comes Rs. 2,500/- per month. The age of the younger parent-mother was 45 years at the time of accident and therefore, the appropriate multiplier applicable is 14. Accordingly, we re-determine the compensation towards loss of dependency at Rs. 4,20,000/- (Rs. 2,500/- x 12 x 14).

Having regard to the facts and circumstances of the case, we deem it fit to award Rs. 45,000/- towards conventional heads, such as, loss of love and affection, loss of estate, transportation and funeral expenses. In all, the claimants are entitled for Rs. 4,65,000/- with 6% interest per annum from the date of petition till realization, as against Rs. 2,92,000/- 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 12.07.2010 in MVC No. 222/2010 is hereby modified. There will be an enhancement of Rs. 1,73,000/- with interest at 6% per annum from the date of petition till realization, excluding interest for the delayed period of 477 days in filing the appeal.

The 1st respondent-Insurer is directed to deposit the enhanced compensation of Rs. 1,73,000/- with interest at 6% 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.

Out of the enhanced compensation, Rs. 50,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank, in the name of the 1st appellant for a period of ten years and renewable for another five years, with liberty to him to withdraw the periodical interest accrued on it. Out of the remaining amount, Rs. 1,00,000/- with proportionate interest shall be invested in the name of 2nd appellant for a period of ten years and renewable for another ten years, with liberty to her to withdraw the periodical interest accrued on it.

The remaining Rs. 23,000/- with proportionate interest shall be released in favour of the 1st and 2nd appellants, in equal proportion, immediately, on deposit by the Insurer.

Draw the award, accordingly.