Madivalara Ningappa vs M. Komarappa

A.N. Venugopala Gowda, J.—Dissatisfied with the compensation awarded by the M.A.C.T., the claimants-appellants, parents of minor Madivalara Hallappa, who died on account of the injuries sustained in a road traffic accident which occurred on 04.11.2008, have filed this appeal.

Shri Y. Lakshmikant Reddy, learned advocate contended that the award passed by the Tribunal is meager and that it has failed to appreciate the evidence in the correct perspective by applying the correct principles of law in the matter and quantification of the loss of dependency. Reliance was placed on the decision in the case of Kishan Gopal and Another Vs. Lala and Others, and a judgment dated 10.10.2013 passed in M.F.A. No. 24893/2010.

Shri M.K. Soudagar, learned advocate for the 2nd respondent on the other hand made submissions in support of the award made by the Tribunal.

The occurrence of the accident, negligence of the driver of the offending vehicle, insurance coverage and the liability to pay the compensation amount has been as found by the Tribunal, is not under challenge. In the circumstances, only point for consideration is:

Whether the Tribunal has awarded just and reasonable compensation?

From the evidence of P.W.1, it is clear that the deceased was aged about 15 years at the time of accident. Though P.W. 1 has stated that the deceased was working as a coolie and was earning Rs. 5,000/- per month and was contributing towards the maintenance of the family, no credible evidence in that regard has been produced. Though P.W.1 has undertaken to examine Mestri Fakirappa of Sandur, under whom the deceased allegedly worked, he has not been examined. In the absence of any credible evidence with regard to the employment of the deceased and his earnings, the income has to be reckoned at on notional basis.

In the case of Kishan Gopal (supra), the deceased was a student and had the perspectives of getting into assured employment and earning thereby. In the said background, the income was reckoned on notional basis at Rs. 30,000/- per annum. By taking into consideration, the age of the mother, multiplier of 15 was applied to the multiplicand and the loss of dependency was determined at Rs. 4,50,000/-, to which Rs. 50,000/- was added under the conventional heads.

In M.F.A. No. 24893/2010 decided on 10.10.2013, the deceased after passing S.S.L.C. had joined ITI course and was aged about 19 years. In the said factual background, having noticed the decision in the case of Kishan Gopal (supra), an enhancement of Rs. 1,25,000/- was ordered.

In-the instant case, the deceased was aged about 15 years and was unemployed. No material is forthcoming from the record with regard to his education. In the circumstances, the decisions on which Shri Y. Lakshmikant Reddy placed reliance, have no application.

However, after few years, the deceased would have earned and the appellants could have expected contribution from him. On account of untimely death of Madivalara Hallappa, there is loss of dependency for the appellants.

Considering the facts and circumstances of the case, I am of the opinion that the appellants are entitled for a further sum of Rs. 1,25,000/- with interest at 6% p.a. from the date of petition till date of payment.

In the result, appeal is allowed in part. The claimants/appellants are held entitled to compensation of Rs. 3,50,000/-, together with interest at 6% p.a. from the date of petition till date of payment. 2nd respondent-Insurance Company shall deposit the balance amount within a period of six weeks in the Tribunal. Upon deposit, 75% of the enhanced amount be invested in fixed deposit in the name of the 2nd claimant/2nd appellant, in any Nationalised Bank for a period of five years and the balance amount released in favour of the claimants/appellants.