H.S. Rudrappa vs Basavarajappa S.

N.K. Patil, J.—This appeal by the appellants/claimants is arising out of the impugned judgment and award dated 25th April 2013 passed in MVC No. 1851/2011 by the II Additional Small Causes Judge and XXVIII ACMM and Motor Accident Claims Tribunal, Bengaluru (SCCH. 13), (hereinafter referred to as ''Tribunal'' for short), for enhancement of compensation, on the ground that a sum of Rs. 5,03,000/- awarded by the Tribunal under different heads, with interest at 6% per annum against the claim of Rs. 30,00,000/-, on account of the death of the deceased, in the road traffic accident is inadequate.

In brief, the facts of the case are:

The appellants are the parents and brother of the deceased. They 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 18.2.2011 at about 2.15 p.m. deceased was walking by the side of Mysore-Bengaluru road near Kaniminike colony, Kengeri, at that time, the driver of Tavera car bearing Reg. No. KA.17.M.6839 came in a rash and negligent manner and dashed against the deceased from behind. Due to which, deceased fell down and sustained grievous injuries all over the body. Immediately, he was shifted to Rajarajeshwari Medical College Hospital, but he succumbed to the injuries.

It is the further case of the appellants that, deceased was aged about 19 years, hale and healthy prior to the accident, he was an Engineering student studying in 3rd Semester and also doing part time job at Reliance Communication and earning Rs. 6,000/- per month and spending majority of his salary to his family. Due to his untimely death, appellants are put to untold misery, apart from mental shock and agony.

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. 5,03,000/- under different heads, with interest at 6% per annum from the date of petition till its deposit.

Being aggrieved by the said judgment award, the appellants have presented this appeal, for enhancement of compensation.

We have heard the learned counsel appearing for the appellants and learned counsel appearing for insurer.

The submission of the learned counsel appearing for appellants, at the out set is that, the Tribunal has erred in not awarding reasonable compensation towards loss of dependency and conventional heads and what is awarded is inadequate. To substantiate the said submission, he submitted that, deceased was a very bright student aged about 19 years, an Engineering student studying in 3rd semester in GSS Institute of Technology and also doing part time job in Reliance communication and earning Rs. 6,000/- per month and the dependants are his parents and brother. Therefore, he submitted that the income of the deceased may be re-assessed reasonably and loss of dependency may be re-determined. Further, he submitted that, during the pendency of the claim petition, the mother of the deceased died due to shock on account of the death of the deceased. Therefore, he submitted that the impugned judgment and award is liable to be modified by enhancing the compensation reasonably.

As against this, learned counsel appearing for the Insurer submitted that, the judgment and award passed by the Tribunal is just and proper and after due appreciation of the oral and documentary evidence available on file and therefore, interference by this Court is not called for.

After hearing the learned counsel for the parties and after perusing the materials available on record, including the impugned judgment and award passed by the Tribunal, the only point that arises for our 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 are not in dispute. It is also not in dispute that, appellants are the parents and brother of the deceased and when the matter was pending adjudication before the Tribunal, the mother died and now the dependants are the father and brother of the deceased. It is also not in dispute that, deceased was aged about 19 years, very bright student studying in 3rd semester Mechanical Engineering in GSS Institute of Technology, and also doing part time job at Reliance Communication and earning Rs. 6,000/- per month. Therefore, taking into consideration the age, occupation, qualification and the year of accident, we re-assess his income at Rs. 8,000/- per month instead of Rs. 6,000/- per month as assessed by the Tribunal. Out of Rs. 8,000/- per month, if 50% ( Rs. 4,000/-) is deducted towards his personal expenses since he was a bachelor, his net income comes to Rs. 4,000/- per month. The proper Multiplier applicable is ''14'' taking the age of the younger parent, mother of the deceased as 42 years as against ''17'' adopted by the Tribunal. Therefore., we redetermine the loss of dependency at Rs. 6,72,000/-( Rs. 4,000/- x 12 x 14) instead of Rs. 4,68,000/- awarded by the Tribunal and accordingly, it is awarded.

Having regard to the facts and circumstances of the case, we award a sum of Rs. 20,000/- towards loss of love and affection at the rate of Rs. 10,000/- each, Rs. 20,000/- towards loss of estate and Rs. 20,000/- towards transportation of dead body and funeral expenses. In all, the appellants are entitled to a total compensation of Rs. 7,32,000/- instead of Rs. 5,03,000/- awarded by the Tribunal. There would be an enhancement of compensation of Rs. 2,29,000/- with interest at 9% p.a., from the date of petition till its realization.

For the foregoing reasons, the appeal filed by the appellants is allowed in part and the impugned judgment and award dated: 25th April 2013 passed in MVC No. 1851/2011 by the II Additional Small Causes Judge, and XXVIII ACMM and Motor Accident Claims Tribunal, Bengaluru (SCCH. 13), is hereby modified, awarding the compensation of Rs. 7,32,000/-, instead of Rs. 5,03,000/- with interest at 6% p.a., from the date of petition till its realization. There would be an enhancement of compensation of Rs. 2,29,000/-.

The Insurer is directed to deposit the enhanced compensation of Rs. 2,29,000/- with interest at 9% p.a., from the date of petition till its realization, within three weeks from the date of receipt of a copy of this judgment and award.

Immediately on such deposit by the Insurer, out of the enhanced compensation of Rs. 2,29,000/-, a sum of Rs. 1,00,000/- with proportionate interest shall be invested in the name of appellant No. 1, father of the deceased, in any Nationalized or Scheduled Bank, for a period of 10 years and renewable by another 5 years, with liberty reserved to him to withdraw the interest accrued on it, periodically.

A sum of Rs. 50,000/- with proportionate interest shall be invested in the name of appellant No. 2, in any Nationalized or Scheduled Bank, till he attains 30 years, with liberty reserved to the appellant No. 1 to withdraw the interest accrued on periodically, for the welfare of the appellant No. 2 and thereafter, from 22 years to 30 years, he is entitled to withdraw the interest accrued on it, periodically.

The remaining sum of Rs. 79,000/- with proportionate interest shall be released in favour of the appellant No. 1.

Draw the award, accordingly.