Kasturibai and others vs Krishnagouda and others

S. Sujatha, J. - This appeal is directed against the judgment and award passed by the Motor Accident Claims Tribunal, Basavan Bagewadi in MVC No. 291/2003 dated 21-6-2006.

Heard the learned counsel appearing for the parties and perused the material on record.

Learned counsel appearing for the appellant would contend that the Tribunal has not considered Ex. P.7 - the salary certificate of the deceased Sri Santosh Paragonde which establishes that he was drawing salary of Rs. 6,000/- per month working as Sales Executive in a private company. Accordingly, she seeks for enhancement of the compensation awarded by the Tribunal considering the salary as per the salary certificate produced before the Tribunal.

On the other hand, learned counsel appearing for the respondent supporting the judgment and award of the Tribunal would contend that the Tribunal after appreciating the evidence placed on record, has rightly come to a conclusion and awarded the compensation by determining the monthly income of the deceased at Rs. 2,000/- which does not call for any interference by this Court.

Having heard the learned counsel appearing for the parties and perusing the material on record, it is noticed that the deceased Santosh Paragonde died in the road traffic accident on 27-5-2002 at 10.00 a.m. near Unnibhavi Cross while travelling in the car bearing Regn. No. KA-28/p-3555 from Bijapur towards Dharwad and it transpires that the accident occurred due to the rash and negligent driving of the vehicle due to which Santosh Paragonde, died on the spot. The Tribunal ignoring the evidence placed on record by the claimants i.e. Ex. P. 7 - the salary certificate of Santosh Paragonde and oral evidence adduced by PW-5 the author of Ex. P. 7 assessed the monthly income of the deceased at Rs. 2000/- without any reasonable basis. Considering the documents placed on record by the claimants, it would be appropriate to re-determine the salary of the deceased at Rs. 4.000/- per month. It is also to he noticed that the Tribunal has deducted 1/3 towards personal expenses of the deceased from the income of Rs. 2000/- which is contrary to the settled law as laid down by the Apex Court in Sarla Verma''s case, reported in 2009 ACJ 1298. Applying the legal proposition of Sarla Verma''s case (supra), it would be just and reasonable to deduct 1/4 towards the personal expenses of the deceased from the monthly income of Rs. 4.000/- and adopting the multiplier of 16 instead of 15 which is wrongly applied by the Tribunal, the loss of dependency works out to Rs. 5.76,000/- (Rs. 3000 x 12 x 16). Accordingly, compensation awarded by the Tribunal is enhanced to Rs. 5,76.000/-.

The appeal is partly allowed. The enhanced amount of Rs. 3,06,000/- shall carry interest @ 9% p.a. from the date of filing of the petition till the date of realisation after deducting the interest for the delayed period of 708 days in filing the appeal.