LEVEENA FERNANDES, & ORS. vs V.P.MADHUSUDHAN, & ANR.

Appellants are the claimants, being not satisfied with the quantum of compensation awarded in the judgment and award dated 24.04.2010 made in MVC No.1392/2008 passed by the Fast Track Court and Motor Accident Claims Tribunal, Mangalore D.K. (hereinafter referred to as ''the tribunal'' for short), filed this appeal seeking enhancement of compensation.

Appellants are the wife and children of deceased Valerian Fernandes. They filed a claim petition contending that on 17.08.2008, while he was proceeding in a Bajaj M 80 vehicle bearing registration No.CRX-6135 towards Nagori from pumpwell side on NH.48, near Kapithanio, a Tata Sumo bearing registration No.KL-11/G-6201 came from Padil side in a rash and negligent manner with a high speed dashed against the motor cycle of the deceased. Due to the impact, the deceased fell down and sustained grievous injuries all over the body. Immediately after the accident, he was shifted to Omega Hospital, Mangalore. However, during the course of treatment, he succumbed to the injuries. In the claim petition, it was contended that the deceased was aged about 55 years as on the date of accident and by doing business he was earning a sum of Rs.12,000/- per month. In view of sudden death of the deceased, family has lost the bread earner and hence, they sought for compensation of Rs.10,00,000/-.

Insurance company defended the case by filing written statement.

After trial, the tribunal held that due to the actionable negligence on the part of driver of the offending Tata sumo, the accident occurred and the deceased died in the accident. Since the claimants are dependants of the deceased they are entitled for compensation.

The tribunal taking into consideration income of the deceased at Rs.4,000/- per month, as he was aged about 55 years, applied multiplier ''11'' and deducting 1/4th towards his personal expenses as the number of dependants are more than three, awarded a sum of Rs.3,96,000/- towards loss of dependency. A sum of Rs.23,300/- towards medical expenses and a sum of Rs.18,000/- towards conventional heads. In all, a sum of Rs.4,37,300/- was awarded. Being not satisfied with the quantum of compensation awarded by the tribunal, the claimants have preferred this appeal.

The dispute in this appeal is only with regard to quantum of compensation. The occurrence of the accident and death of the deceased - Valerian Fernandes is not in dispute. Though, the claimant claims that the deceased was earning a sum of Rs.12,000/- per month by doing business, no document has been produced to substantiate the same. In the absence of proof of income, the tribunal ought to have assessed reasonable income. Even for the daily wage workers working in various Government Departments, the income is being assessed at Rs.4,500/- per month. In the instant case, taking the income of the deceased at Rs.4,500/- per month, as he was aged about 55 years as on the date of the accident, applying multiplier ''11'' and deducting 1/4th towards his personal expenses, the claimant is entitled to a sum of Rs.4,45,500/- as against Rs.3,96,000/- awarded by the Tribunal. The wife of the deceased has lost her husband at the age of 42 years. Hence, she is entitled for a sum of Rs.50,000/- towards loss of consortium, as per the law laid down by the Hon''ble Supreme Court in the case of ''Rajesh and Others VS. Rajbir Singh and Others'' reported in 2013 [9] SCC 54, Further, the claimants are entitled for a sum of Rs.40,000/- under conventional heads and a sum of Rs.23,300/- towards medical expenditure. In all, a sum of Rs.5,58,800/- as against Rs.4,37,300/- with interest at 6% per annum.

Accordingly, I pass the following:

ORDER

The appeal is allowed in part. The judgment and award dated 24.04.2010 made in MVC No.1392/2008 passed by the Fast Track Court and Motor Accident Claims Tribunal, Mangalore D.K., is modified and the claimants are entitled for compensation of Rs.5,58,800/- with interest at the rate of 6% per annum as against Rs.4,37,300/- awarded by the tribunal.