Leela and Others vs B.J. Shivaraju and Others

N.K. Patil, J.—This is claimants'' appeal filed against the impugned judgment and award dated 29th June 2013 passed in MVC No. 874/2011 on the file of the Principal District Judge and Member M.A.C.T-1, at Hassan, (hereinafter referred to as Tribunal'' for short), for enhancement of compensation.

The Tribunal by its judgment and award has awarded a sum of Rs. 3,23,000/- under different heads with interest at 9% per annum from the date of petition till the date of deposit, as against the claim of the claimants for a sum of Rs. 20,00,000/-, on account of the death of the deceased late Sri Ramegowda, in the road traffic accident.

In brief, the facts of the case are:

The 1st appellant is the wife, 2nd, 3rd and 4th appellants are sister and brothers of the deceased and they have filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation of Rs. 20,00,000/- on account of the death of the deceased in the road traffic accident, contending that, on 14.03.2011 at about 6.30 p.m. deceased was traveling as a pillion rider in a motor cycle bearing No. A-13-S-9047, driven by one Vishwanatha. While they were proceeding on the road, situated in between the houses of Thammaiah and Secretary-Shanthanna, the rider of said motor bike rode drove the said vehicle rashly and negligently, as a result of which, Ramegowda-pillion rider fell down and sustained injuries on his hand, neck, elbow and other parts of the body. Immediately after the accident he was taken to Shanthigrama Hospital, where first aid treatment was given. Thereafter he was shifted to Hassan Government Hospital for higher treatment. The deceased succumbed to the injuries at 7.30 p.m. After post mortem the dead body of the deceased was handed over to the appellant for performing his last rites.

It is the further case of the appellants that, the deceased was aged about 50 years at the time of accident, hale and healthy and doing agriculture work and also doing coconut business and earning Rs. 15,000/- p.m. and looking after the welfare of the family and due to his untimely death, they suffered socially and economically. The first appellant being the wife has lost the life companion and marital pressure. The appellants 2 to 4 being the brothers and sister of the deceased have lost love and affection of their brother. They spent about Rs. 1,00,000/- towards funeral expenses. The said claim petition had come up for consideration before the Tribunal. The Tribunal after appreciating the oral and documentary evidence and other material available on record, has allowed the claim petition in part and awarded the compensation of Rs. 3,23,000/- under different heads with interest at 9% p.a., from the date of petition till the date of deposit. Not being satisfied with the compensation awarded by the Tribunal the appellants have presented this appeal, for enhancement of compensation.

The submission of the learned counsel appearing for the appellant at the outset is that, the Tribunal has failed to assess the just and reasonable income of the deceased and the income of Rs. 3,000/- per month assessed is on the lower side since the accident has occurred on 14.03.2011 and by profession he was doing agriculture work and also doing dairy business and proper multiplier applicable is 13 and proper deduction applicable is 1/3rd towards personal expenses of the deceased. Therefore, he submitted that the income of the deceased may be re-assessed. Due to his un-timely death, claimants have lost their only breadwinner and facing great mental shock and monetary loss. Therefore, the impugned judgment and award passed by the Tribunal is liable to modified.

Per contra, the learned counsel appearing for the Insurer inter alia contended and substantiated that, the impugned judgment and award passed by the Tribunal is just and proper and is passed after considering the oral and documentary evidence and interference by this Court is not called for. However, he submitted that the impugned judgment and award passed by the Tribunal may be modified in accordance with law.

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?"

It is not in dispute that the deceased died in the road traffic accident. Further it is not in dispute that, the deceased was aged about 50 years at the time of accident, hale and healthy and looking after the welfare of the appellants. The claimants are none other than the wife, sister and brothers, who have lost their future security due to his untimely death. Having regard to the age, avocation and year of accident, we can safely re-assess the income of the deceased at Rs. 6,000/- per month, to meet the ends of justice as against the income assessed by the Tribunal. Out of it, if 1/3rd is deducted towards the personal expenses of the deceased, it comes to Rs. 4000/-. In the light of the decision in Sarla Verma''s case, the appropriate multiplier applicable is 13. Accordingly, the appellants are entitled towards loss of dependency at Rs. 6,24,000/- (Rs. 4,000/- x 12 x 13).

Considering the facts and circumstances of the case that, the wife has lost her life partner at an young age and the brothers and sister have lost the love and affection, inspiration and guidance in life, we deem it fit to award Rs. 1,00,000/- towards loss of consortium, Rs. 25,000/- towards loss of estate, Rs. 40,000/- towards loss of love and affection at the rate of Rs. 10,000/- to each appellant and Rs. 25,000/- towards funeral and transportation expenses. In all, the claimants are entitled for Rs. 8,14,000/- as against Rs. 3,23,000/- awarded by the Tribunal.

Having regard to the facts and circumstances of the case as stated above, appeal is allowed in part. The impugned judgment and award passed by the Tribunal dated 29th June 2013 in MVC No. 874/2011 is hereby modified. The total compensation payable comes to Rs. 8,14,000/- as against Rs. 3,23,000/- awarded by the Tribunal. There will be an enhancement of Rs. 4,91,000/- with 9% interest per annum.

The 2nd respondent-Insurer is directed to deposit the enhanced compensation of Rs. 4,91,000/- with interest at 9% p.a., from the date of petition till the date of realisation, within three weeks from the date of receipt of a copy of this judgment.

Out of the enhanced compensation, Rs. 4,00,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank, in the name of the 1st appellant/wife for a period of ten years and renewable for another ten years, with liberty to her to withdraw the interest accrued on it periodically.

The remaining Rs. 91,000/- with proportionate interest shall be released in favour of the 1st appellant, immediately, on deposit by the 2nd respondent-Insurer.

Draw the award, accordingly.