Kavitha and Others vs The Managing Director, NWKSRTC and Others

N.K. Patil, J.—This appeal by the claimants is arising out of the impugned judgment and award dated 06.10.2010 passed in MVC No. 525/2009 on the file of the Senior Civil Judge & MACT, Harihar (hereinafter referred to as Tribunal'' for short).

The Tribunal by its impugned judgment and award, awarded a sum of Rs. 5,31,000/- with interest at 6% p.a., from the date of the petition till the date of deposit of the award amount as against the claim made by the claimants on account of the death of the deceased-Pundalik Rasagunte in the road traffic accident. Being aggrieved by the quantum of compensation awarded by the Tribunal as inadequate and requires enhancement, they felt necessitated to present this appeal.

In brief, the facts of the case are as under: Claimants who are none other than the wife, minor son and the parents of the deceased Pundalik Rasagunte who was a utensils seller earning a sum of Rs. 5,000/- per month. Be that as it may, he met with an accident on 30.03.2009, at about 8.30 p.m., when he was returning to his house by walk at Shimoga Circle Bus-stand, opposite to Girija Medicals, Harihar. At that time, a N.W.K.S.R.T.C. bearing Registration No. KA-27/F-395, driven by its driver, in a rash and negligent manner from Malebennur Bye-pass road came and dashed against the deceased, on account of which, he sustained severe fatal accidental injuries and succumbed to the injuries on the way to the hospital.

It is contended that, the deceased was the only earning member in the family and was aged about 26 years at the time of accident. On account of untimely death of the deceased, the claimants have lost security, guidance and inspiration in life and the mother of the deceased has suffered mental agony. The wife of the deceased has lost her life partner and his son is deprived of the love of his father. The death of the deceased has affected the social and economic condition of the family and the family is put into deep financial distress. Therefore, the claimants filed a claim petition before the Tribunal and the said claim petition had come up for consideration before the Tribunal. The Tribunal after appreciating the oral and documentary evidence and considering the age, avocation and number of the dependents has allowed the claim petition in part and awarded the compensation of Rs. 5,31,000/- under different heads with interest at 6% p.a., from the date of petition till the date of deposit of the award amount. Being dissatisfied with the judgment and award passed by the Tribunal, the claimants have presented this appeal.

The submission of Sri Vinayakeerthy, learned Counsel appearing for the claimants, at the outset is that, the Tribunal has committed an error in taking the income of the deceased at only Rs. 3,500/- per month, which is on the lower side. To substantiate the same, he submitted that the deceased was aged about 26 years; and hale and healthy at the time of the accident and was a utensils seller earning a sum of Rs. 5,000/- per month. The deceased was physically fit at the time of the accident and due to sudden & unnatural demise of the deceased, the claimants are put to mental agony and misery. It is further contended that, whatever the deceased used to earn, he used to spend the same towards the welfare of the family. This aspect of the matter has not been considered by the Tribunal. Therefore, he submitted that the income of the deceased may be redetermined reasonably and reasonable compensation be awarded towards loss of dependency and also conventional heads.

Per contra, the learned counsel appearing for the respondents, inter alia, contended and sought to substantiate the impugned judgment and award passed by the Tribunal stating that, it is passed after due appreciation of the oral and documentary evidence available on record. Therefore, the impugned Judgment and award does not call for interference and prays for dismissal of the appeal.

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 arise for consideration is:

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

The occurrence of the accident resulting in the death of deceased is not in dispute. Further, it is not in dispute that, the claimants are none other than the wife, minor son and parents of the deceased. It is stated that, the deceased was aged 26 years at the time of accident and was a utensils seller, earning Rs. 5,000/- per month. Be that as it may, he met with an accident on 30.03.2009, at about 8.30 p.m., near Shimoga Circle Bus-stand due to rash and negligent driving by the driver of NWKSRTC bus bearing registration No. KA-27/F 395 which came from opposite side, lost control and dashed against the deceased Pundalik Rasagunte. Due to the said accident, deceased sustained fatal injuries and died on his way to the hospital. The claimants have not produced any credible proof to substantiate the income of the deceased. Therefore, the Tribunal has taken the income at Rs. 3,500/- per month. The same is on the lower side. Having regard to the age, avocation, year of the accident being 2009, and the fact that he was the only earning member in the family and dependents are his wife, minor son and parents, I can safely re-assess the income at Rs. 4,500/- per month to meet the ends of justice. Out of Rs. 4,500/-, if 1/3rd is deducted towards personal expenses of the deceased, the remaining amount would be Rs. 3,000/- per month. The deceased was aged 26 years at the time of the accident and the appropriate multiplier applicable is 17. Accordingly, the claimants are entitled towards loss of dependency'' at Rs. 6,12,000/- (Rs. 3,000/- x 12 x 17).

Having regard to the facts and circumstances of the case, age, avocation and that the wife of the deceased has lost her companion, I deem it fit to award a sum of Rs. 30,000/- towards loss of love and affection'', as against Rs. 10,000/-, Rs. 25,000/- towards loss of estate'' as against Rs. 10,000/-, Rs. 50,000/- towards loss of consortium'' as against Rs. 20,000/- and Rs. 25,000/- towards ''transportation, funeral and obsequies expenses'' as against Rs. 15,000/- awarded by the Tribunal. Thus, in all, the claimants would be entitled to Rs. 7,42,000/- as against Rs. 5,31,000/- awarded by the Tribunal with interest at 6% p.a. on the enhanced compensation amount from the date of petition till the date of realization and the break up is as follows:

Having regard to the facts and circumstances of the case, as stated above, the appeal filed by the claimants is allowed in part. The impugned judgment and award dated 06.10.2010 passed in MVC No. 525/2009 on the file of the Senior Civil Judge & MACT, Harihar is hereby modified. There will be an enhancement of Rs. 2,11,000/- with interest at 6% p.a. from the date of petition till the date of realization.

The respondents are directed to deposit the enhanced compensation amount of Rs. 2,11,000/- with interest at 6% p.a. from the date of petition till the date of realization, within a period of three weeks from the date of receipt of a copy of this judgment.

Out of the enhanced compensation, Rs. 1,00,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank, in the name of the 1st appellant for a period of ten years and renewable for another ten years, with liberty to appellant No. 1 to withdraw the periodical interest accrued on it.

Out of the remaining compensation, a sum of Rs. 50,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank, in the name of the 2nd appellant till he attains the age of 30 years and appellant No. 1 is entitled to withdraw the periodical interest accrued on it till he attains 21 years and from 22 years, he is entitled to withdraw the interest periodically.

The remaining amount of Rs. 61,000/- with proportionate interest shall be released in favour of the appellant Nos. 1, 3 & 4, in equal proportion, immediately, on deposit by respondent Nos. 1 and 2.

Draw up the award, accordingly.