K.A. Ramakrishna and Others vs V.R. Ananda and Others

N.K. Patil, J.—Though this matter is posted in the orders list, 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 05.05.2009 passed in MVC No. 228/2003 on the file of the Civil Judge (Sr. Dn.), Madikeri, (hereinafter referred to as ''Tribunal'' for short) seeking to enhance the compensation.

The Tribunal by its judgment and award has awarded compensation of Rs. 3,31,000/- under different heads with interest at 6% per annum from the date of petition till the realization on account of death of the deceased-Girish Kumar in the road traffic accident.

In brief, the facts of the case are:

Appellant Nos. 1 and 2 are the parents and appellant No. 3 is the sister of the deceased and they filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondents, on account of the untimely death of the deceased-Girish Kumar in the road traffic accident. It is the case of the claimants that on 14.09.2003 at about 7.15 p.m. when the deceased was driving his Maruthi Van bearing registration No. KA-12-M-5891 on the road leading from Madikeri-Mysore Highway near Nisarga Dhama in Guddehosur village, a lorry bearing registration No. KA-09-5411 came from the opposite direction, being driven by its driver, in a rash and negligent manner and dashed against the car of the deceased. Due to the impact, the deceased sustained fatal injuries and died on the spot. On account of untimely death of the deceased, the claimants were constrained to file a claim petition against the respondents claiming compensation. 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 record, allowed the claim petition in part, awarding compensation of Rs. 3,31,000/- under different heads with interest at 6% p.a., from the date of petition till the date of realization. Not being satisfied with the impugned judgment and award passed by the Tribunal, appellants/claimants have presented this appeal for enhancement of compensation.

The submission of learned counsel appearing for the appellants, at the outset is that, the Tribunal has erred in not awarding reasonable compensation towards loss of dependency and conventional heads. What is awarded is inadequate and it requires enhancement. Further, he is quick to point out that the deceased was aged about 25 years and unemployed. He could not complete his B.A. graduation. The deceased was the only son to his parents. He further submitted that income of the deceased may be taken at Rs. 5,000/- per month and 50% may be deducted towards personal expenses. The age of the deceased may be taken for applying the multiplier in the light of the judgment of the Apex Court in the case of Munna Lal Jain and Others Vs. Vipin Kumar Sharma and Others . Therefore, he submits to enhance the compensation by modifying the impugned judgment and award passed by the Tribunal.

Per contra, learned counsel appearing for respondent No. 3-insurer, inter alia, contended and substantiated that, the impugned judgment and award passed by the Tribunal is just and proper. After due appreciation of the oral and documentary evidence available on record, the Tribunal is justified in awarding reasonable compensation. Therefore, he submitted that 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?"

Occurrence of accident and the resultant death of deceased are not in dispute. Claimants are none other than the parents and sister of the deceased. Further, it is not in dispute that, the deceased was aged about 25 years. He was unemployed and could not complete his B.A. degree. On account of his untimely death, the parents have suffered mental pain and agony. Sister has lost love and affection, guidance, inspiration and security in life. It has also affected social, moral and economic condition of the family. Having regard to the age, avocation and year of the accident, we can safely reassess the income of the deceased at Rs. 5,000/- per month, to meet the ends of justice. Out of which, if 50% is deducted towards personal expenses as the deceased who was bachelor, the total contribution of the deceased to the family works out to Rs. 2,500/- per month. The age of the deceased is to be taken for adopting multiplier in the light of the judgment of the Apex Court in the case of Munna Lal Jain and Others Vs. Vipin Kumar Sharma and Others . Accordingly, for the said age, appropriate multiplier is ''18'' in the light of the judgment of the Apex Court in Sarla Verma''s case. Accordingly, we re-determine the loss of dependency at Rs. 5,40,000/- (Rs. 2,500/- x 12 x 18).

As rightly submitted by the learned counsel for the appellants, the Tribunal has not awarded reasonable compensation towards conventional heads. Having regard to the facts and circumstances of the case, we deem it fit to award Rs. 75,000/- towards loss of love and affection at the rate of Rs. 25,000/- to each claimant, Rs. 25,000/- towards loss of estate and Rs. 25,000/- towards transportation and funeral expenses. In all the appellants/claimants are entitled for a compensation of Rs. 6,65,000/- as against Rs. 3,31,000/- awarded by the Tribunal. There will be an enhancement of Rs. 3,34,000/-.

In the light of the facts and circumstances of the case as stated above, the appeal is allowed in part. The impugned judgment and award dated 05.05.2009 passed in MVC No. 228/2003 on the file of the Civil Judge (Sr. Dn.), Madikeri, is hereby modified awarding an enhanced compensation of Rs. 3,34,000/- with 6% interest per annum from the date of petition till realization, excluding interest for the delayed period of 1448 days.

The respondent No. 3-insurer is directed to deposit the enhanced compensation with interest at 6% p.a., from the date of petition till the date of realization, excluding interest for the delayed period of 1448 days, within three weeks from the date of receipt of a copy of this judgment.

Out of enhanced compensation of Rs. 3,34,000/-, Rs. 1,00,000/- each with proportionate interest with proportionate interest shall be invested in the Fixed Deposit in any Nationalized/Scheduled Bank or Grameena Bank, in the names of the 1st and 2nd appellants-parents of the deceased for a period of five years and renewable for another five years, with liberty to them to withdraw the periodical interest accrued on it.

Remaining compensation of Rs. 1,34,000/- with proportionate interest shall be released in favour of appellant Nos. 1 and 2 in equal proportion, immediately, on deposit by respondent No. 3-insurer.

Office to draw the award, accordingly.

Sri A. Ravishankar, learned counsel is permitted to file Vakalath for respondent No. 3, within four weeks.