Haubai vs Akbar Khan

B. Sreenivas Gowda, J.—By consent of the learned counsel appearing for the parties the appeal is heard and disposed of finally at the stage of admission.

It is a case of death of one Gunnu @ Gunvanth aged about 30 years in a road traffic accident. His wife, three minor children and parents filed a claim petition in MVC. No. 323/2011 before the MACT-V at Bidar, seeking compensation under Section 166 of the Motor Vehicles Act (herein after referred as MV Act for short) from the owner and the insurer of the offending vehicle.

The Tribunal by the impugned judgment and award has awarded a sum of Rs. 4,99,000/- with interest @ 6% per annum. Aggrieved by the quantum of compensation awarded by the Tribunal, the claimants have preferred this appeal seeking enhancement of the same.

As there is no dispute regarding death of deceased in the road traffic accident that occurred on 1/2.04.2011 due to rash and negligent driving of the bus bearing Reg. No. KA-01/AA-4601 by its driver and liability of the insurer of the said vehicle, the only point that arises for consideration in this appeal is:

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

After hearing the learned counsel appearing for the parties and perusing the judgment and award of the Tribunal. We are of the opinion that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and therefore it is required to be enhanced.

The claimants in support of their contention that deceased by working as sugarcane cutter was earning more than Rs. 9,000/- per month except examining first claimant-wife of the deceased have not produced any documents substantiating the avocation and income of the deceased.

Therefore, in the absence of proof of income considering the age of the deceased as 30 years, the accident is of the year 2011 and his avocation as a daily wager his income could be assessed at Rs. 5,000/- p.m. as against Rs. 3,500/- p.m. assessed by the Tribunal.

The multiplier of 17 applied by the Tribunal based on the age of the deceased is sound and proper. There are five dependent legal heirs of the deceased and therefore 1/4th of the income of the deceased deducted towards his personal expenses is also just and proper. If that is so, loss of dependency would work out to Rs. 7,65,000/- (Rs. 5,000 x 3/4 x 12 x 17) and it is awarded as against Rs. 4,99,000/- awarded by the Tribunal.

The First claimant-wife of the deceased was just 28 years old at the time of death of deceased, claimant Nos. 2, 3 and 4 are minor children aged 12, 10 and 08 years old respectively and they have lost their father at their young age. Claimant Nos. 5 and 6 being the parents of the deceased they have lost their young son at their old age. Therefore, we would like to award Rs. 1,00,000/- towards loss of consortium in respect of the 1st claimant, Rs. 1,50,000/- towards loss of love and affection of claimant Nos. 2 to 6 at the rate of Rs. 25,000/- each and Rs. 25,000/- towards transportation of dead body and funeral expenses. The amount of Rs. 15,000/- awarded by the Tribunal towards loss of estate of the deceased is just and proper and there is not scope for enhancement under this head.

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Thus claimants are entitled to a total compensation of Rs. 10,55,000/- as against Rs. 4,99,000/- awarded by the Tribunal and they are entitled to an additional compensation of Rs. 5,56,000/- with interest at 6% from the date of claim petition till the date of realisation.

Hence, the following order. The appeal is allowed in-part. Judgment and award of the tribunal is modified to the extent stated herein above. The claimants are entitled to a additional compensation of Rs. 5,56,000/- with interest @ 6% per annum from the date of claim petition till the date of realisation.

The Insurance Co. is directed to deposit the additional compensation amount with interest within two months from the date of receipt of a copy of this judgment.

From the additional compensation, Rs. 1,00,000/- with proportionate shall be invested in the name of each of claimant Nos. 1 to 4 and Rs. 25,000/- each with proportionate interest shall be invested in the name of claimant Nos. 5 and 6 in any Nationalized/Scheduled/Grameena Bank/Post Office for a period of 10 years in the case of claimant No. 1, till the date of attaining of majority in the case of claimant Nos. 2 to 4 and for a period of 3 years in case of claimant Nos. 5 and 6 with a right of option to them to withdraw interest periodically. Appellant No. 1 is permitted to withdraw the interest from her deposit as well as from the deposit of minor claimant Nos. 2 to 4. Appellant No. 5 and 6 are permitted to withdraw interest from their deposits.

The Tribunal, while releasing the remaining amount is ordered to be released in favour claimant No. 1, 5 and 6 in equal proportionate.

The Tribunal is also directed to issue FD slips to the claimants, so that, they can withdraw the FD amount on maturity and the Nationalized/Scheduled/Grameena Bank/Post Office in which the FD will be invested is also directed to release FD on maturity without insisting for further orders from the Tribunal.

The bank after maturity of FD is also directed to keep the amount in the respective accounts of the claimants, so that they can draw the amount. If the claimants do not have their saving accounts, the said bank may allow them to open the savings bank account in the said bank.

Draw up the award accordingly.

No order as to costs.