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Judgment
N.K. Patil, J.—This appeal by the appellants-claimants is directed against the impugned judgment and award dated 18/09/2010 passed in MVC No. 124/2010, by the Presiding Officer, Fast Track Court-V and Motor Accident Claims Tribunal, Mysore, (hereinafter referred to as ''Tribunal'' for short), for enhancement of compensation. The Tribunal by its judgment and award has awarded a sum of Rs. 3,57,000/- under different heads with interest at 6% per annum from the date of petition till the date of realization as against the claim of the appellants for a sum of Rs. 32,25,000/-, on account of the death of the deceased Sri. Chandregowda, in the road traffic accident.
In brief, the facts of the case are:
The appellant No. 1 is the wife, appellant Nos. 2 and 3 are the children of the deceased Sri. Chandregowda. They filed a claim petition before the Tribunal u/s 166 of M.V. Act, claiming compensation against the respondents, on account of the death of the deceased in the road traffic accident, contending that, on 15.12.2009 at about 8.40 p.m. the deceased was going towards Bookanakere on K.R. Pete - Bookanakere road as pillion rider in motor bike bearing Reg. No. KA.02.V.2784 of Dharanesh, the driver of the Tractor/Trailer bearing Reg. No. KA.1LT.5852/5853 came in a rash and negligent manner from opposite direction and dashed against the motor bike. Due to which, both the rider and pillion rider sustained injuries and deceased succumbed to the injuries on the way to the hospital.
It is the further case of the appellants that, deceased was aged about 47 years, hale and healthy prior to the accident and he was an agriculturist by profession and also doing coolie work and earning Rs. 12,000/- per month and looking after the welfare of the family by contributing his entire earnings to the family. Due to his untimely death, appellants have suffered financial loss as they have lost their bread earner, apart from mental shock and agony.
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 file, has allowed the claim petition in part and awarded the compensation of Rs. 3,57,000/- under different heads with interest at 6% p.a., from the date of petition till the date of realization.
Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants have presented this appeal for enhancement of compensation.
We have heard the learned counsel appearing for the appellants and learned counsel for first respondent-Insurance Company.
The submission of the learned counsel appearing for the appellants, at the outset is that, the income of the deceased assessed by the Tribunal at Rs. 3,000/- per month is on lower side and it needs to be enhanced, on the ground that, deceased was an agriculturist by profession and also doing coolie work and earning Rs. 12,000/- per month and therefore, his income may be reassessed reasonably. Further, he submits that, the compensation awarded by the Tribunal towards conventional heads is on lower side and it needs to be enhanced. Therefore, he submitted that the impugned judgment and award is liable to be modified by awarding reasonable compensation towards loss of dependency and towards conventional heads.
As against this, 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 after due appreciation of the oral and documentary evidence available on file and therefore, it does not call for interference. However, he fairly submitted that the income of the deceased is on lower side and the same may be re-determined reasonably in accordance with law, having regard to his age and occupation.
After hearing the learned counsel appearing for the parties and after careful perusal of the material available on record at threadbare, including the impugned judgment and award passed by the Tribunal, the only point that arises for our consideration is:
Whether the compensation awarded by the Tribunal is just and reasonable?
The occurrence of the accident and the resultant death of the deceased are not in dispute. Further, it is not in dispute that deceased was aged about 47 years, hale and healthy prior to the accident, he was an agriculturist and also doing coolie work and the dependants are his wife and children. Further, it emerges that, the Tribunal has assessed the income of the deceased at Rs. 3,000/- per month, which is on lower side and it needs to be enhanced. Having regard to the age and occupation of the deceased and the year of accident, we re-assess his income at Rs. 5,000/- per month instead of Rs. 3,000/- per month as assessed by the Tribunal. Out of which, if 1/3rd ( Rs. 1,666/-) is deducted towards the personal and living expenses of the deceased, his net income comes to Rs. 3,334/- per month. Accepting the multiplier of ''13'' adopted by the Tribunal as just and proper, we re-determine the loss of dependency at Rs. 5,20,104/- instead of Rs. 3,12,000/- as awarded by the Tribunal and accordingly, it is awarded.
However, a sum of Rs. 45,000/- awarded by the Tribunal towards conventional heads such as, loss of consortium; loss of love and affection, loss of estate and transportation and funeral expenses is just and proper and therefore, it does not call for interference. Thus, in all, the appellants are entitled to a total compensation of Rs. 5,65,104/- instead of Rs. 3,57,000/-. There would be an enhancement of Rs. 2,08,104/- with interest at 6% p.a., from the date of petition till its realization. For the foregoing reasons, the appeal filed by the appellants is allowed in part. The impugned common judgment and award dated 18/09/2010 passed in MVC No. 124/2010, by the Presiding Officer, Fast Track Court-V and Motor Accident Claims Tribunal, Mysore, is hereby modified, awarding a sum of Rs. 2,08,104/- with interest at 6% p.a., from the date of petition till its realization, in addition to the compensation awarded by the Tribunal.
The 1st respondent-Insurer is directed to deposit the enhanced compensation of Rs. 2,08,104/- with interest at 6% p.a., from the date of petition till the date of realization, within a period of three weeks from the date of receipt of a copy of this judgment.
Immediately on deposit by the Insurer, out of the enhanced compensation of Rs. 2,08,104/-, a sum of Rs. 1,50,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank, in the name of appellant No. 1 for a period of ten years and renewable by another ten years, with liberty reserved to her to withdraw the interest accrued on it, periodically.
The remaining sum of Rs. 58,104/- with proportionate interest shall be released in favour of the appellant No. 1 immediately.
Draw the award, accordingly.