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Judgment
B. Sreenivase Gowda, J.—This appeal is by the claimants for enhancement of compensation awarded by the Tribunal.
Heard, the appeal is admitted and with the consent of learned Counsel appearing for the parties, it is taken up for final disposal.
For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.
Brief facts of the case are:
That on 15.04.2007 when deceased Nagaraju was waiting for bus near Tharur gate on NH-4. a bus bearing registration No. KA-117/B-7867 came in a rash and negligent, manner and dashed to him, as a result, he sustained injuries and died on the spot. Hence his mother two wives and 3 minor children filed a claim petition before MACT, Sira seeking compensation of Rs. 12,00.000/-. The Tribunal has awarded a compensation of Rs. 3,91,900/- wit h interest at 6% p.a.
As there is no dispute regarding the death of deceased Nagaraju in a motor road accident and liability of the Insurance Company the only point that arises for consideration in the appeal is;
Whether the compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?
After hearing the learned Counsel appearing for the parties, perusing the judgment and award of the Tribunal. I am of the view that the compensation awarded by the Tribunal is not just and reasonable it is on the lower side and therefore it is deserved to be enhanced.
It is a case of death of one Nagaraju aged about 45 years at the time of his death in the accident as evident from the post mortem report Ex. P 4. The claimants in support their contention that the deceased was earning Rs. 5,000/- p.m. by doing coolie work examined the 2nd claimant as PW 1. The accident was occurred in the year 2007. Considering the age of the deceased and year of accident his income could be assessed at 3,500/- p.m. as against Rs. 3,000/- p.m. assessed by the Tribunal considering number of dependency deduction of 1/3rd of the income of the deceased towards his personal expenses is not proper. Even after excluding the 2nd wife there are 5 claimants. Hence, 1/4th of the income of the deceased is to be deducted towards his personal expenses. The multiplier applicable to the age group of the deceased is 14 as per the judgment, of Apex Court in the case of Sarala Verma. If so, loss of dependency works out to Rs. 4.41.000/- (Rs. 3,500/- % x 12 x 14) and it is awarded against Rs. 3,74,000/- awarded by the Tribunal towards loss of dependency.
The Tribunal has awarded Rs. 4,000/- towards transportation of dead body and funeral expenses, Rs. 8.500/- towards loss of love and affection and Rs. 5,000/- towards loss of consortium are on the lower side and they deserve to be enhanced and I enhance compensation towards transportation of dead body and funeral expenses to Rs. 10.000/, to Rs. 30,000/- towards loss of love and affection of 3 minor children at the rate of Rs. 10,000/- each and to Rs. 15.000/- towards loss of consortium. The Tribunal has not awarded compensation towards loss of estate and hence I award Rs. 10,000/- under this head.
Thus the claimants are entitled for the following compensation:
Loss of dependency Rs. 4.41.000/- Loss of consortium Rs. 15.000/- Loss of estate Rs. 10,000/- Loss of love and affection Rs. 30,000/- Transportation of dead body and Funeral expenses Rs. 10,000/- ------------- Total Rs. 5,06,000/- --------------
Thus, the claimants are entitled for a total compensation of Rs. 5.06.000/- as against Rs. 3.91,900/- awarded by the Tribunal with interest at 6% p.a. on the enhanced compensation of Rs. 1.14,100/- (rounded off to Rs. 1,14,000/-) from the date of claim petition till the date of realisation.
The Insurance Company is directed to deposit the compensation amount within two months from the date of receipt of a copy of this order.
Out of the enhanced compensation, Rs. 25,000/- with proportionate interest is ordered to be invested in the name of each of the minor children i.e. 4th 5th and 6th claimants in fixed deposit in any Nationalised/Scheduled Bank/Post Office till they attain majority. Remaining amount with proportionate interest is ordered to be released in favour of the 1st and 2nd claimants in equal proportion immediately after the deposit.
Accordingly, the appeal is allowed in part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. No order as to costs.