Karnataka State Road Trans. Corpn. and Another vs T.G. Bhanumathi and Others

N.K. Patil, J.—This appeal by the Corporation and the cross-objection by the claimants are directed against the same judgment and award dated 2nd July, 2005 passed in M.V.C. No. 210 of 2003 on the file of the Prl. District judge and Member, Motor Accident Claims Tribunal, Chikmagalur (hereinafter referred as ''the Tribunal'' in short). By the impugned judgment and award, the Tribunal has awarded a sum of Rs. 11,05,000/- with interest at 6 per cent per annum from the date of petition till its realization as against the claim made by the claimants for a sum of Rs. 20,00,000/- on account of the death of the deceased A.S. Byrappa in the road accident.

In brief, the facts of the case are:

The claimant No. 1 is the wife, claimant Nos. 2 and 3 are the children and claimant No. 4 is the mother of the deceased A.S. Byrappa and they filed a claim petition before the Tribunal u/s 166 of Motor Vehicles Act claiming compensation against the respondents, on account of the death of the deceased in the road accident, contending that on 5th April, 2003, the deceased was proceeding on his motorcycle bearing No. KAIS-H 1551 from Halasumne to Vasthare alongwith one A.M. Manjunath as pillion rider and when they reached the spot of accident, at that time, K.S.R.T.C. bus bearing No. KG 13-F 379 came with high speed in a rash and negligent manner and dashed against the motorcycle, due to which the motorcycle went and dashed against the person who was standing at the spot of accident waiting for the bus. In the said accident, deceased sustained severe injuries and immediately he was removed to M.G. Hospital, Chikmagalur and he succumbed to the injuries while undergoing treatment, It is the further case of claimants that the deceased was aged 40 years, hale and hearty, working as telephone mechanic at BSNL, Chikmagaulur and drawing the salary of Rs. 9,4,73 per month and looking after the welfare of the family and due to his untimely death they have suffered a lot as they have lost the only source of living. The said claim petition had come up for consideration before Tribunal. The Tribunal, in turn, 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. 11,05,000/- under different heads with interest at 6 per cent per annum from the date of petition till its realization. Being aggrieved by the said judgment and award, the Corporation has filed M.F.A. No. 8118 of 2005 contending that the compensation awarded by the Tribunal under all the heads is excessive and it requires to be reduced and the claimants have filed Cross-objection No. 335 of 2006 contending that the compensation awarded by the Tribunal towards loss of dependency, loss of love and affection and transportation and funeral expenses is inadequate and it requires to be enhanced.

We have heard the learned Counsel appearing for the Corporation and learned Counsel for the claimant at length of time.

After a careful consideration of the submissions made by the learned Counsel appearing for both the parties and after careful perusal of original records available on file, including the impugned judgment and award passed by Tribunal, it is not in dispute that deceased died in the accident that occurred on 5th April, 2003, he was aged about 40 years, working as telephone mechanic at BSNL, Chikmagalur and drawing the monthly salary of Rs. 9,473 as per Ext. P6. The permissible deduction is only towards professional tax of Rs. 75. If the professional tax of Rs. 75 is deducted-from Rs. 9,4,73. the total salary of the deceased comes to Rs. 9,398 p.m. The deceased was aged 40 years at the time of his death and the claimants are entitled for future income of the deceased at 30 per cent of the net income drawn by the deceased as on the date of his death, in view of the law laid down by the Supreme Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, wherein it is held at para 11 that 30 per cent of actual salary is to be added to the actual salary income of the deceased for future, prospects where the deceased had a permanent job and aged 40 to 50 years. In the instant case, deceased was aged about 40 years and he was working as a telephone mechanic in the BSNL, Chikmagalur and 30 per cent of the income the deceased works out to Rs. 2,819,40/- and it is rounded off to Rs. 2,819 and total income comes to Rs. 12,217/- ( Rs. 9,398+ Rs. 2,819= Rs. 12,217/-) per month and per annum it comes to Rs. 1,46,604/-. Out of which, income tax of Rs. 18,321/- is deducted, the net income comes to Rs. 1,28,283/- and out of which, deducted for personal expenses of the deceased, since there are four dependents, the net income comes to Rs. 96,212/- per annum. The appropriate multiplier applicable is ''15'' since the deceased was aged about 40 years at the time of death. Therefore, total loss of dependency comes to Rs. 14,43,180 instead of Rs. 10,80,000/- awarded by the Tribunal and accordingly, it is awarded.

The Tribunal has awarded a sum of Rs. 10,000/- towards loss of consortium and a sum of Rs. 10,000/-towards loss to estate and the said compensation awarded by the Tribunal is just and reasonable, and, therefore, it does not call for interference.

However, the Tribunal has erred in not awarding any compensation towards loss of love and affection and, therefore, it needs to be awarded for the reason that claimant No. 1 has lost her husband and claimant Nos. 1 and 3 have lost their father at their young age and claimant No. 4 has lost her son and, therefore, they are entitled for compensation towards loss of love and affection. Further, the Tribunal has erred in awarding a sum of Rs. 5,000/-towards transportation and funeral expenses and the same is inadequate and it needs to be enhanced. 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. 5,000/- each and Rs. 10,000/- for transportation and funeral expenses.

Having regard to the facts and circumstances of the case as stated above, the impugned judgment and award passed by the learned Claims Tribunal is liable to be modified. The total compensation payable comes Rs. 14,93,180 and the break-up is as follows :

Accordingly, the appeal filed by the Corporation is dismissed as devoid of merits and the cross-objection filed by the claimants is allowed in part and the impugned judgment and award passed by the Tribunal in M.V.C. No. 210 of 2003 is hereby modified, granting compensation of Rs. 14,93,180/- instead of Rs. 11,05,000/-. The enhanced compensation comes to Rs. 3,88,180/- with interest at 6 per cent per annum from the date of the petition till its realization. The Corporation is directed to deposit the enhanced compensation with interest, within a period of four weeks from date of receipt of this judgment and award. Out of the enhanced compensation of Rs. 3,88,180/-, a sum of Rs. 2,00,000/- and a sum of Rs. 1,00,000/- with proportionate interest shall be invested in the fixed deposit in any nationalised or scheduled bank, in the names of the claimant Nos. 1 and 2, for a period of five years and three years and renewable for another five years and three years and respectively, with liberty to them to withdraw the interest accrued on it periodically.

The remaining sum of Rs. 88,180/- with proportionate interest shall be released in favour of the claimant Nos. 1 to 4, in equal proportion immediately, on deposit by the Corporation.

Draw the award accordingly.

The statutory deposit made by the Corporation shall be transmitted to the concerned Tribunal immediately.