Jayamala and Others vs Jayamma and Others

N.K. Patil, J.—Though this matter is posted for admission, it is taken up for final disposal with the consent of the learned counsel appearing for both the parties.

This appeal by the claimants is directed against the impugned judgment and award dated 20.12.2013 passed in MVC No. 1359/2009 on the file of the Senior Civil Judge & Presiding Officer, Addl. MACT 17 at Gubbi (hereinafter referred to as Tribunal'' for short), for enhancement of compensation.

The Tribunal by its judgment and award has awarded a sum of Rs. 7,88,500/- under different heads with interest at 6% per annum from the date of petition till the date of deposit, on account of the death of the deceased late Channigaramaiah, in the road traffic accident.

In brief, the facts of the case are:

"The 1st appellant is the wife, 2nd and 3rd appellants are the children, appellant No. 4 is the father and appellant No. 5 is the mother of the deceased and 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 4.8.2009 at about 9.30 p.m., when the deceased along with one Ranganath was proceeding in a Hero Honda CD 100 bearing Reg. No. KA 06 K 5999 on NH 206 near Yellapura Gate towards Doddaguni village, at that time, a lorry bearing Reg. No. KA-03-A-892 came from Doddaguni side, at a high speed and in a rash and negligent manner and dashed against the said motorbike, on account of which, they fell down and sustained fatal injuries and died at the spot. It is the further case of the appellants that the deceased was the only earning member of the family. The entire family was depending on the income of the deceased. It is the case of the appellants that, the deceased was aged about 26 years at the time of accident, hale and healthy and by working as mason apart from milk vending he was earning Rs. 6,000/- per month and looking after the welfare of the family. Due to his untimely death, they suffered socially and economically. He was the only hope, inspiration, security and future of the appellants. 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. 7,88,500/- 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, for enhancement of compensation."

The submission of Sri. Shantharaj K., learned counsel appearing for the appellants at the outset is that, the Tribunal has erred in taking monthly income of the deceased at only Rs. 4,500/-. The deceased was working as a mason and a milk vendor. He was looking after the welfare of the entire family. Due to his untimely death, the appellants have suffered mental pain and agony. He was the only hope and security of the appellants. Therefore, he submits to re-assess the income of the deceased and award reasonable compensation by modifying the impugned judgment and award passed by the Tribunal.

Per contra, the learned counsel appearing for the 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 appellants are entitled for enhancement of compensation awarded by the Tribunal?"

We have gone through the grounds urged by the appellants in the instant case, perused the impugned judgment and award passed by the Tribunal.

It is not in dispute that the deceased died in the road traffic accident. It is the case of the appellants that the deceased was aged about 26 years at the time of accident, hale and healthy prior to the accident and was working as a mason and was also doing milk vending business. He was looking after the welfare of the appellants. Claimants are none other than the wife, children, father and mother of the deceased. The Tribunal has committed error in taking the income of the deceased as Rs. 4,500/- per month. In fact it is contrary to the evidence on record. Therefore, having regard to the age, avocation and year of accident, the income of the deceased is re-assessed at Rs. 7,000/- per month and out of which, if 1/4th is deducted towards the personal expenses of the deceased, it comes to Rs. 5,250/-. Accordingly, the appellants are entitled towards loss of dependency at Rs. 10,71,000/- ( Rs. 5,250/- x 12 x 17).

Having regard to the facts and circumstances of the case stated above, we deem it fit to award Rs. 1,00,000/- towards loss of consortium, Rs. 1,00,000/- towards loss of love and affection, Rs. 25,000/- towards loss of estate and Rs. 25,000/- towards funeral expenses and transportation charges.

Having regard to the facts and circumstances of the case, the appeal is allowed in part. The impugned judgment and award passed by the Tribunal dated 20.12.2013 in MVC No. 1359/2009 is hereby modified. The total compensation payable comes to Rs. 13,21,000/- as against Rs. 7,88,500/- awarded by the Tribunal. There will be enhancement of Rs. 5,32,500/- with interest at 6% per annum from the date of petition till realization excluding interest for the delayed period of 432 days.

The 2nd respondent-Insurer is directed to deposit the enhanced compensation of Rs. 5,32,500/- with interest at 6% p.a., from the date of petition till the date of realization excluding interest for the delayed period of 432 days, within three weeks from the date of receipt of a copy of this judgment.

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

Rs. 75,000/- each with proportionate interest shall be invested in the names of 2nd and 3rd appellants till they attain the age of 30 years and the appellant No. 1, mother of appellants 2 and 3 is at liberty to withdraw the periodical interest accrued on it for their welfare till they attain the age of 21 years and from 22 - 30 years, they are at liberty to withdraw the periodical interest.

Rs. . 50,000/- each with proportionate interest shall be invested in the names of appellants 4 and 5 for a period of five years and they are at liberty to withdraw the interest periodically.

Remaining amount of Rs. 1,32,500/- with proportionate interest shall be released in favour of the appellants 1, 4 and 5 in equal proportion.

Draw the award, accordingly.