AI Structured Summary
Not yet generated for this judgment
Judgment
Ravi V. Malimath, J.—The case of the claimants is that on 18.11.2008 when the deceased was proceeding from Harihar Check Post to Harihar Town on a motor cycle bearing registration No. KA-27-L-6870, a tractor-trailer bearing registration No. KA-17-T-6855-6856 came from the opposite direction. The driver of the tractor-trailer drove the vehicle in a rash and negligent manner and suddenly took a curve and the accident occurred. The deceased sustained grievous injuries and died on the way to the hospital. The deceased was aged about 38 years as on the date of the accident and was earning Rs. 25,000/- per month. The parents, wife and two minor children of the deceased filed a claim petition under Section- 166 of the Motor Vehicles Act.
On liability, the Tribunal held that since the driver of the tractor-trailer possessed a licence only to drive a tractor and he did not have a licence to drive a tractor-trailer, the Tribunal absolved the insurer to pay the compensation and held the owner of the vehicle liable. The Tribunal awarded a total compensation in a sum of Rs. 5,70,000/- along with interest at 6% per annum. The claim petition filed by the father of the deceased was rejected, since he was not a legal representative of the deceased. Aggrieved by the same, the father of the deceased has filed MFA No. 10852/2012 and the claimants have filed MFA No. 2044/2012.
Insofar as the liability is concerned, the Tribunal was of the view that the driver of the tractor-trailer has to possess a separate licence to drive a tractor along with trailer, since such a licence was not possessed by the driver, the insurer was absolved from satisfying the award. The Hon''ble Supreme Court in the case of Nagashetty Vs. United India Insurance Co. Ltd. and Others, , held that a driver of the tractor possessing an appropriate driving license, the same will hold good even when the tractor is attached to a trailer. Therefore, holding of a license to drive a tractor would cover the license of the tractor-trailer. Following the aforesaid decision of the Hon''ble Supreme Court, the order of Tribunal holding the owner liable to satisfy the award is set-aside and the insurer is held liable to satisfy the compensation awarded.
So far as the enhancement of the compensation is concerned, the Tribunal held the notional income of the deceased at Rs. 4,000/- per month. The deceased was an agriculturist owning lands. He was also running a enterprise in the name of M/s. Banashankari Seeds Corporation Limited at Harihar. He was also vending milk. Following the decision of the Hon''ble Supreme Court in the case of Sri Ramachandrappa Vs. The Manager, Royal Sundaram Alliance Insurance Company Limited, , it would be appropriate to hold the income of the deceased at Rs. 10,000/- per month. Since there are 5 dependents, the appropriate deduction would be 1/4th towards personal expenses. The deceased was aged 38 years as on the date of the accident. The appropriate multiplier would be ''15''. Hence, the loss of dependency is worked out as follows:
Rs. 10,000 (less) 1/4th x 12 x 15 = Rs. 13,50,000/-
Towards conventional heads like loss of consortium, loss of estate, funeral expenses, etc. a sum of Rs. 2,00,000/- in all is awarded. Consequently, the claimants are entitled for a total compensation of Rs. 15,50,000/- (13,50,000 + 2,00,000).
Further, the Tribunal was of the view that the father cannot be treated as dependent of the deceased Channabasappa, in terms of the judgment in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, . However, on considering the facts and circumstances of the case, we are of the considered view that the amount awarded to the mother of the deceased should also be apportioned in the name of the father. Hence, the amount to be awarded in favour of the mother of the deceased Smt. Nagamma, would be divided with her husband the second claimant. Consequently, both the appeals are allowed in the aforesaid terms.
Hence, the amount awarded by the Tribunal is enhanced by Rs. 9,80,000/- (Rs. 15,50,000 less Rs. 5,70,000), along with interest at 9% per annum from the date of the petition till the date of the realisation and shall be paid within a period of 8 weeks from the date of receipt of a copy of this order.
Out of the compensation awarded, 40% of the total compensation along with interest shall be paid in favour of the widow of Channabasappa Smt. Vanajakshi, 20% of the total compensation each shall be paid in favour of the two minor children of the deceased viz., Master. Akash and Kumari. Bhoomika. The amount to be paid in favour of the children shall be kept in a Recurring Fixed Deposit till the children attain the age of majority. The balance 20% shall be equally in favour of 1st and 2nd claimants i.e., the parents of the deceased.