Lankeppa and Layawwa vs Late Chandram since deceased, represented by his L.Rs. Yallamma, Subhan, Shivanand, Laxman and The Manager, The New India Insurance Co. Ltd.

K.N. Keshavanarayana, J.—Accepting the cause shown in the affidavit filed in support of the application, delay of 21 days in filing the appeal is condoned. I.A. No. 1/2011 is allowed accordingly. Though the appeal is listed for orders, having regard to the short point involved in the matter and with the consent of the learned counsel appearing on both sides, the matter is heard for final disposal.

This appeal by the claimants in MVC No. 981/2007 on the file of the)Motor Accident Claims Tribunal No. VI, Bijapur, is for enhancement of compensation. The appellants filed claim petition u/s 166 of the Motor Vehicles Act seeking compensation of Rs. 13,85,000/- for the death of their son Prabhuling, aged about 18 years in the motor vehicle accident that occurred at 5.00 p.m. on 02.02.2007 involving a Tractor Trailer bearing registration No. KA-28/T7396 and 7397 owned by the original respondent No. 1 and insured with respondent No. 2. The claimants contended that the deceased was agricultural coolie and was earning Rs. 5,000/- per month and that they were entirely dependent on the income of the deceased. The claim petition was contested by the respondent No. 2-insurer. The Tribunal after holding enquiry and on appreciation of the oral and documentary evidence, by the judgment under appeal, answered issue regarding actionable negligence in the affirmative holding that the accident was solely due to the negligence of the driver of tractor trailer. The Tribunal reckoned monthly income of the deceased at Rs. 3,000/-, deducted 50% of the said income towards his living and personal expenses and treated remaining 50% as the contribution to the family and by adopting multiplier of 15 quantified loss of dependency at Rs. 2,70,000/-. In addition to this the Tribunal awarded Rs. 10,000/- towards loss to estate and Rs. 5,000/- towards funeral expenses. Thus, the Tribunal awarded total compensation of Rs. 2,85,000/- and directed the insurer of the offending vehicle to deposit the same with interest at 6% per annum from the date of petition till the date of payment.

Being dissatisfied with the quantum of compensation claimants are in appeal. The contentions of the appellants are that the Tribunal has committed error in reckoning monthly income of the deceased only at Rs. 3,000/- and that the Tribunal ought to have reckoned monthly income of the deceased atleast at Rs. 4,500/-; that the Tribunal has committed error in adopting multiplier of 15 with reference to the age of the mother and that multiplier of 18 ought to have been adopted with reference to the age of the deceased.

I have heard the learned counsel on both sides.

Perused the judgment under appeal.

Even according to the claimants, the deceased was aged 18 years and was an agricultural coolie. Though they contended that the deceased was earning not less than Rs. 5,000/- per month no acceptable evidence was placed to substantiate the said contention. Nevertheless, fact remains that the deceased being an young man, aged about 18 years, presumed to have been earning decent amount to support the family. The Apex Court in Sri Ramachandrappa Vs. The Manager, Royal Sundaram Alliance Insurance Company Limited, , while dealing with the case of the accident occurred in 2004 has held that during relevant period the wages of labourer was between Rs. 100/- to Rs. 150/- per day. Keeping in mind the observations made in the aforesaid decision and also taking into consideration the age of the deceased and the vocation pursued by him, in my considered opinion, interest of justice would be served by reckoning monthly income of the deceased at Rs. 4,000/-. The Tribunal has rightly deducted 50% of the monthly income of the deceased towards personal expenses. Having regard to the law laid down by the Apex Court in Amrit Bhanu Shali and Others Vs. National Insurance Co. Ltd. and Others, , the multiplier even in the case of death of a Bachelor should be with reference to the age of the deceased and not parents. Therefore, the appropriate multiplier applicable would be 18. On this basis, total compensation payable under the loss of dependency would be Rs. 4,32,000/- (2,000 X 12 X 18). The Tribunal has not awarded any amount towards loss of love and affection on account of the death of young son of the claimants. Therefore, claimants are entitled for Rs. 10,000/- towards love and affection in addition to Rs. 15,000/- awarded by the Tribunal under the conventional heads. Hence, the claimants are entitled for total compensation of Rs. 4,57,000/- as against Rs. 2,85,000/-. In view of the above, the appeal filed by the claimants is allowed enhancing the compensation payable to the claimants to Rs. 4,57,000/- as against Rs. 2,85,000/-. The enhanced compensation of Rs. 1,72,000/- shall carry interest at 6% per annum from the date of petition till the date of payment. Respondent No. 2 - insurer shall deposit the enhanced compensation with interest within six weeks from today. 90% of the enhanced amount with proportionate interest shall be invested in Fixed Deposit in any Nationalized Bank, in the name of the second claimant, the mother of the deceased, for a period of ten years with liberty to her to draw periodical interest accrued thereon. The balance 10% with proportionate interest shall be disbursed to her.