James Edward and Others vs The Divisional Controller, K.S.R.T.C.

N.K. Patil, J.—This appeal by the claimants-appellants is directed against the impugned judgment and award dated 11/08/2015, passed in MVC No. 286/2014, by the Additional Senior Civil Judge and Motor Accident Claims Tribunal-XI, Tumakuru, (hereinafter referred to as ''Tribunal'' for short), for enhancement of compensation.

The Tribunal by its judgment and award, has awarded a sum of Rs. 5,59,000/- under different heads with interest at 6% per annum from the date of petition till realization, as against the claim of the appellants for a sum of Rs. 20,00,000/-, on account of the death of the deceased Sri. Kenath Jessan. J, in the road traffic accident.

In brief, the facts of the case are:

"The appellant Nos. 1 and 2 are the parents of the deceased. They have filed a claim petition before the Tribunal under Section 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 23.9.2013 at about 2.15 p.m. deceased was proceeding on his motor cycle bearing Reg. No. KA.05.ED.340 along with pillion rider from Heggere towards Bheemasandra from the left side of NH 206 road and when he reached in front of Channabasavaiah''s house, the driver of the bus bearing Reg. No. KA.06.F.0505 came in a rash and negligent manner and dashed against motor bike of the deceased. Due to which, deceased fell down and sustained fatal injuries to head and succumbed to the injuries on the spot."

It is the further case of the appellants that, deceased was aged about 20 years, hale and healthy prior to the accident, only son to the parents, studying at Christian First Grade College in B.A., apart from doing his education he was earning Rs. 10,000/- per month by working as driver and looking after the welfare of the family. The untimely death of the deceased has affected the social and financial condition of the family as they have lost their earning member, 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. 5,59,000/- under different heads with interest at 6% p.a., from the date of petition till realization.

Not being satisfied with the compensation and the rate of interest awarded by the Tribunal, the appellants have presented this appeal.

We have heard learned counsel appearing for the appellants and learned counsel appearing for respondent-Corporation.

The submission of learned counsel Sri. K. Shantharaj, appearing for the appellants, at the outset is that, the Tribunal has erred in not assessing the income of the deceased reasonably and erred in applying multiplier taking the age of the mother of the deceased instead of taking the age of the deceased and therefore, the compensation awarded by the Tribunal towards loss of dependency and conventional heads is on the lower side and is liable to be enhanced reasonably. To substantiate the said submission, he submitted that deceased was aged about 20 years and he was studying in B.A., apart from that, he was earning Rs. 10,000/- per month by working as driver, he was the only son to the parents and his untimely death has affected the financial condition of the family. Therefore, he submitted that, the income of the deceased may be re-assessed reasonably atleast at Rs. 8,000/- per month and after deducting 50% towards his personal and living expenses and adopting the multiplier of ''18'' taking the age of the deceased in the light of the judgment of the Apex Court in Munnalal Jain''s case reported in 2015 AIR SCW 3015, reasonable compensation may be awarded towards loss of dependency. He further submits that the compensation awarded towards conventional heads and the rate of interest at 6% p.a. awarded by the Tribunal, is on the lower side and is liable to be enhanced reasonably in the light of the judgments of the Apex Court and this Court. Therefore, he submitted that the impugned judgment and award is liable to be modified.

As against this, learned counsel for the respondent-Corporation, inter-alia, contended and substantiated that the impugned 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, it does not call for interference.

After hearing the learned counsel for both the parties and after careful perusal of the material available on record at threadbare, including the impugned judgment and award passed by the Tribunal, the only point that arises for our consideration is:

"Whether the 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 of the deceased and deceased was aged about 20 years and on account of his untimely death, appellants have suffered mental shock and agony as they have lost their only son and it has affected the social and financial condition of the family. It is the case of the appellants that deceased was studying at Christian First Grade College in B.A. apart from that, he was earning Rs. 10,000/- per month by working as part time driver to meet out the day today expenses and assisting his parents. But they have not produced any credible documents to prove the same. Having regard to the age, occupation of the deceased, year of accident, we reassess his income at Rs. 7,000/- per month to meet the ends of justice instead of Rs. 6,000/- per month as assessed by the Tribunal. Out of which, if 50% ( Rs. 3,500/-) is deducted towards the personal and living expenses of the deceased, since he was a bachelor, his net contribution to the family comes to Rs. 3,500/- per month. In the light of the judgment of the Apex Court in Munnalal Jain''s case (stated supra), the appropriate multiplier applicable taking the age of the deceased as 20 years is ''18'' instead of ''14'' adopted by the Tribunal taking the age of the mother of the deceased. Therefore, we re-determine the loss of dependency at Rs. 7,56,000/- ( Rs. 3,500/- x 12 x 18) instead of Rs. 5,04,000/- 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. 50,000/- towards loss of love and affection at the rate of Rs. 25,000/- to each of the appellant Nos. 1 and 2, Rs. 25,000/- towards loss of estate and Rs. 25,000/- towards transportation and funeral expenses.

As rightly pointed out by the learned counsel appearing for the appellants, the rate of interest awarded by the Tribunal at 6% p.a., from the date of petition till its realization is on the lower side and is liable to be enhanced since the accident is of the year 2013. In the light of the judgment of Apex Court and this Court, we award the rate of interest at 9% per annum from the date of petition till its realization on the enhanced compensation instead of 6% p.a. as awarded by the Tribunal. In all, the appellants are entitled to the total compensation of Rs. 8,56,000/- instead of Rs. 5,59,000/- awarded by the Tribunal. There would be an enhancement of compensation of Rs. 2,97,000/- 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. The impugned judgment and award dated 11/08/2015, passed in MVC No. 286/2014, by the Additional Senior Civil Judge and Motor Accident Claims Tribunal-XI, Tumakuru, is hereby modified, awarding a sum of Rs. 2,97,000/- with interest at 9% p.a., from the date of petition till its realization in addition to the compensation awarded by the Tribunal.

The respondent- Corporation is directed to deposit the enhanced compensation of Rs. 2,97,000/- with interest at 9% p.a., from the date of petition till the date of realization, within a period of three weeks from the date of receipt of a copy of this judgment.

Immediately on such deposit by the Corporation, out of the enhanced compensation of Rs. 2,97,000/-, a sum of Rs. 1,00,000/- with proportionate interest shall be invested in the Fixed Deposit in the names of each of the appellant Nos. 1 and 2, in any Nationalized or Scheduled or Grameena Bank, for a period of 05 years, renewable by another 05 years, with liberty reserved to them to withdraw the interest accrued on it, periodically.

The remaining sum of Rs. 97,000/- with proportionate interest shall be released in favour of the appellant Nos. 1 and 2 in equal proportion immediately.

Draw the award, accordingly.

Learned counsel Sri. P.M. Nawaz is permitted to file vakalath for respondent-Corporation, within four weeks from today.