Kavitha and Others vs M. Mahesh and Others

N.K. Patil, J.—This appeal is filed by the claimants, being aggrieved by the impugned Judgment and Award dated 27th April 2011 passed in M.V.C. No. 640/2010 on the file of the Fast Track Court-I and Additional M.A.C.T., Mysore. The Tribunal by its impugned Judgment and Award, awarded a sum of Rs. 26,74,000/- with interest at 6% p.a. from the date of petition till realization on account of the death of deceased Bandu Vagmode in the road traffic accident, on the ground that the compensation awarded by the Tribunal is inadequate and requires enhancement.

The brief facts of the case of the claimants/appellants are that, the appellant No. 1 is the wife, appellant Nos. 2 and 3 are the minor children of the deceased. They have filed a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation against the respondents contending that the deceased was hale and healthy prior to the accident and was the only bread earning member in the family. It is the case of the claimants that on 18.07.2010 at about 1.15 p.m. the deceased was proceeding in his Chetak Scooter bearing Registration No. KA-09/W-7088 towards Bogadi from Government Text Book Press. When he reached near Dhobi Ghat, Bogadi Road, Saraswathipuram, Mysore, at that time, a Maruthi Esteem Car bearing Registration No. KA-01/P-7498 came from opposite direction in a rash and negligent manner and dashed against the Scooter. Due to the impact, he fell down and sustained grievous injuries. Immediately he was shifted to B.G.S. Apollo Hospital, Mysore. In spite of giving medical treatment they could not save the deceased and he succumbed to the injuries at about 4.15 p.m. Further, they have contended that the deceased was aged about 46 years and working as Senior Technician in B.E.M.L. and drawing salary of Rs. 25,000/- per month. On account of untimely death of deceased Bandu Vagmode, his wife has lost her life partner at the young age and the minor children have lost the love and affection, inspiration and guidance of their father.

Taking all these facts into consideration, the claimants filed claim petition claiming compensation against the respondents before the Tribunal. The said matter came up for consideration before the Tribunal. The Tribunal in turn after considering the oral and documentary evidence available on record has allowed the claim petition in part by awarding a sum of Rs. 26,74,000/- under different heads with interest at 6% p.a. from the date of petition till the date of realization. Being aggrieved by the impugned Judgment and Award passed by the Tribunal, the appellants/claimants herein have presented this appeal seeking enhancement of compensation.

It is submitted by the learned Counsel appearing for the appellants at the outset that, the Tribunal erred in not awarding reasonable compensation under the head loss of dependency and also conventional heads. To substantiate the same, he submitted that as per the decision reported in Rajesh and Others Vs. Rajbir Singh and Others, (2013) 2 ACC 841 : (2013) ACJ 1403 : (2013) 3 CTC 883 : (2013) 8 JT 288 : (2014) 173 PLR 779 : (2013) 3 RCR(Civil) 170 : (2013) 6 SCALE 563 : (2013) 9 SCC 54 : (2014) 1 SCC(L&S) 149 another 30% income of the deceased should be added towards future prospects as the deceased was working as Senior Technician in BEML drawing salary as per Ex. P9. Further, he submitted that the Tribunal also erred in not awarding reasonable compensation under the conventional heads such as loss of consortium, loss of love and affection, loss of estate, funeral expenses. Therefore, the impugned judgment and award is liable to be modified by enhancing reasonable compensation.

Per contra, the learned Counsel appearing for the 3rd respondent--insurer inter-alia contended and sought to substantiate stating that the impugned Judgment and Award passed by the Tribunal is after due consideration of entire materials available on record and the Tribunal is justified in awarding reasonable compensation and the same does not call for interference by this Court.

After careful consideration of the submissions made by both the parties and on perusal of the impugned judgment and award passed by the Tribunal, the only point that arise for consideration is:

"Whether the quantum of compensation awarded by the Tribunal is just and reasonable"?

The occurrence of accident and the resultant death of the deceased are not in dispute. The deceased was aged about 46 years and working as Senior Technician in BEML and was hale and healthy prior to the accident and was the only bread earning member in the family. The appellants are none other than the wife and minor children. The wife has lost her life partner and love and affection of her husband at the young age and minor children have lost love and affection, inspiration and guidance of their father. As per the salary certificate the deceased was getting salary of Rs. 26,624/- p.m. As rightly contended by the learned Counsel appearing for the claimants, in the light of the decision of the Apex Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, (2009) ACJ 1298 : AIR 2009 SC 3104 : (2009) CLT 1055 : (2009) 6 JT 495 : (2009) 6 SCALE 129 : (2009) 6 SCC 121 : (2009) 5 SCR 1098 : (2009) 5 UJ 2280 : (2009) AIRSCW 4992 : (2009) 3 Supreme 487 , another 30% income towards future prospects of the deceased should be added and the same comes to Rs. 7,987/-, and the net income comes to Rs. 34,611/- per month and per annum it comes to Rs. 4,15,332/-. Out of which, income tax and professional tax should be deducted and accordingly if a sum of Rs. 28,933/- is deducted, the remaining net amount comes to Rs. 3,86,399/-. The claimants are three in number i.e. wife and 2 minor children. Therefore, 1/3rd should be deducted towards personal expenses of the deceased which comes to Rs. 1,28,799/- and if it is deducted, the remaining net amount comes to Rs. 2,57,600/-. The deceased was aged about 46 years as on the date of the accident. Therefore, the appropriate multiplier applicable is 13. Accordingly, we re-determine the loss of dependency at Rs. 33,48,800/- (Rs. 2,57,600 x 13), and is accordingly awarded.

The wife who was aged about 37 years has lost her life partner and love and affection and the minor children have lost love and affection, inspiration and guidance. Taking into all these facts for consideration, we deem fit to award Rs. 1,00,000/- towards loss of consortium, Rs. 30,000/- towards love and affection (Rs. 10,000/- to each claimant), Rs. 25,000/- towards loss of estate and Rs. 25,000/- towards transportation and funeral expenses. In all, the claimants/appellants are entitled to a compensation of Rs. 35,28,800/- as against Rs. 26,74,000/-. There will be enhancement of compensation at Rs. 8,54,800/-.

Further, the Tribunal justified in awarding a sum of Rs. 14,800/- towards medical expenses and it does not call for interference by this Court.

Further, the learned Counsel appearing for the appellants has rightly pointed out and submitted that the interest awarded by the Tribunal @ 6% p.a. from the date of petition till the date of realization is on the lower side as the occurrence of the accident is on 18.07.2010 and the same is liable to be modified at 9%. There is substance in the submission made by the learned Counsel appearing for the appellants, considering the fact the accident has occurred on 18.07.2010 and in the light of the decision of the Apex Court, we deem fit to award the interest rate at 8% p.a. only on the enhanced compensation from the date of petition till the date of realization.

Having regard to the facts and circumstances referred above, the instant appeal filed by the appellants is allowed in part. The impugned judgment and award dated 27th April 2011 passed in M.V.C. No. 640/2010 on the file of the Fast Track Court-I and Additional Motor Accident Claims Tribunal, Mysore is hereby modified awarding enhanced compensation of a sum of Rs. 8,69,600/- with interest at the rate of 8% p.a. from the date of petition till the date of realization.

The 3rd respondent--Insurance Company is directed to deposit the enhanced compensation amount with interest within three weeks from the date of receipt of copy of this judgment.

Out of the enhanced compensation of Rs. 8,69,600/-, Rs. 3,00,000/- with proportionate interest shall be invested in Fixed Deposit in the name of the 1st appellant--wife of the deceased in any Nationalized or Scheduled Bank or Grameena Bank, for a period of ten years and renewable for another ten years and she is entitled to withdraw the periodical interest accrued on it.

Rs. 2,00,000/- each with proportionate interest shall be invested in Fixed Deposit in the name of appellant Nos. 2 and 3 in any Nationalized or Scheduled Bank or Grameena Bank till they attain the age of 30 years. The appellant No. 1--mother of the minor children is entitled to withdraw the periodical interest accrued on it for the welfare of the appellant Nos. 2 and 3 till they attain the age of 21 years. From 22 years to 30 years, the appellants 2 and 3 are entitled to withdraw the periodical interest.

Remaining compensation amount of Rs. 1,69,600/- with proportionate interest shall be released in favour of the appellant No. 1 immediately on deposit by the 3rd respondent - insurer.

Office to draw the award, accordingly.