Maqbool and Others vs D. Gopalan and Others

N.K. Patil, J.—This appeal by the claimants is directed against the impugned common judgment and award dated 19.02.2014 passed in MVC No. 929/2013 on the file of the Senior Civil Judge, MACT, Maddur (hereinafter referred to as Tribunal'' for short), for enhancement of compensation.

The Tribunal by its judgment and award has awarded a sum of Rs. 7,58,500/- under different heads with interest at 6% per annum from the date of petition till the date of realization, on account of the death of the deceased late Sri. Hussein, in the road traffic accident.

In brief, the facts of the case are:

"The 1st appellant is the wife, 2nd, 3rd 4th and 5th appellants are the minor children of the deceased and the 6th appellant is the mother of the deceased. They have filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation on account of the death of the deceased in the road traffic accident, contending that, on 06.03.2013 at about 3.00 p.m., the deceased Hussein and another person by name Babu were proceeding in a TVS Phoenix motorcycle bearing Registration No. KA-10-Q-9795 as a rider and pillion rider respectively. When they were proceeding on Channapatna - Halagur Main Road, near K.G. Mahadi in front of Papegowda building, a bus bearing registration No. 33-L-7506 driven by its driver in a rash and negligent manner, at high speed came from opposite direction and dashed against the motorcycle of the deceased and caused the accident. Due to the impact, he fell down and sustained grievous head injuries and multiple injuries and died at the spot."

It is the case of the appellant that they spent more than Rs. 60,000/- towards transportation of dead body, funeral expenses and other rituals. Further they contended that he was aged about 28 years at the time of accident, hale and healthy and was doing plastic and guzari business and also wholesale hair business. He was earning more than Rs. 20,000/- per month and looking after the welfare of the family and due to his untimely death they suffered socially and economically. Therefore the claimants have filed the Claim petition under Section 166 of M.V. Act. The said claim petition had come up for consideration before the Tribunal. The Tribunal in turn 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. 7,58,500/- under different heads with interest at 6% p.a., from the date of petition till the date of realization. Not being satisfied with the quantum of compensation awarded by the Tribunal the appellants have presented this appeal, for enhancement of compensation.

The learned counsel appearing for the appellants at the outset submits that, the Tribunal has committed an error in taking monthly income of the deceased at Rs. 4,500/- and deducting 1/4th towards personal expenses of the deceased instead of deducing 1/5th in the light of the decision in Sarla Verma''s case and also awarding a sum of Rs. 70,000/- towards conventional heads, in all, a sum of Rs. 7,58,500/-. Being dissatisfied with the compensation awarded by the Tribunal, the appellants have presented this appeal for enhancement of compensation.

We have gone through the grounds urged by the appellants in the memorandum of appeal. It is contended that the deceased was earning more than Rs. 20,000/- per month. The Tribunal has taken the income of the deceased at Rs. 4,500/- per month. The same is liable to be re-assessed. The accident is of the year 2013 and the dependants are 6 in number, who are none other than the wife, aged about 25 years, four minor children aged about 4 years, 3 years, 2 years and 6 months and the mother aged about 55 years at the time of accident. The Tribunal ought to have deducted 1/5th instead of deducting 1/4th from the income, while calculating loss of dependency and a sum of Rs. 15,000/- has been awarded towards transportation of dead body, funeral expenses and rituals which is on lower side and also the compensation awarded under the head loss of consortium'', loss of love and affection'' is on lower side and also committed an error in not taking 30% towards future prospects of the deceased while calculating loss of dependency. Therefore, it is the case of the appellants that the impugned judgment and award is liable to be modified by enhancing the compensation.

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, as the Tribunal by assigning the reasons in para Nos. 18, 19 to 22 of the judgment has awarded the compensation and interference by this Court is not called for.

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 28 years at the time of accident, hale and healthy and was doing the plastic, guzari business and wholesale business in hair in Maddur, Channapatna, Malavalli and Mandya, earning more than Rs. 20,000/- per month and looking after the welfare of the appellants. The dependants are wife, four minor children and mother of the deceased. The wife has lost her life partner at young age, the children have lost the love and affection and guidance of their father and the mother has suffered mental agony on account of untimely death of the deceased.

Taking all these aspects into consideration and the fact that the deceased was a self employed, doing business of plastic, guzari and wholesale business in hair, we can safely re-assess the income of the deceased at Rs. 6,500/- per month to meet the ends of justice. Out of which, if 1/5th is deducted towards his personal expenditure, it comes to Rs. 5,200/- per month. In the light of the decision in Sarla Verma''s case, taking into consideration the age of the deceased as 30 years, the appropriate multiplier applicable is 17. Accordingly, we re-determine the compensation towards loss of dependency'' at Rs. 10,60,800/- (Rs. 5200 x 12 x 17). Having regard to the facts and circumstances of the case and in the light of the judgment of the Apex Court and this Court in catena of judgments, we deem it fit to award a sum of Rs. 1,00,000/- towards ''Loss of consortium'', a sum of Rs. 1,50,000/- towards ''Loss of love and affection'' at the rate of Rs. 25,000/- to each, a sum of Rs. 25,000/- towards ''loss of estate'' and a sum of Rs. 25,000/- towards ''Transportation of dead body, funeral expenses and other rituals''. In all, they are entitled for a total compensation of Rs. 13,60,800/- as against Rs. 7,58,500/- awarded by the Tribunal with interest at 6% per annum. The enhanced compensation comes to Rs. 6,02,300/-.

As rightly pointed out by the learned counsel appearing for the appellant and in the light of the judgment of the Apex Court, we deem it fit to award 9% interest on enhanced compensation from the date of petition till realization.

Having regard to the facts and circumstances of the case as stated above, the impugned judgment and award passed by the Tribunal dated 19.02.2014 passed in MVC No. 929/2013 on the file of the Senior Civil Judge, MACT, Maddur is hereby modified by enhancing the compensation by Rs. 6,02,300/- with interest at 9% per annum from the date of petition till realization.

The Insurer is directed to deposit the enhanced compensation of Rs. 6,02,300/- 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 and award.

Out of the enhanced compensation, Rs. 2,00,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank, in the name of the 1st appellant for a period of ten years and renewable for another ten years, with liberty to withdraw the interest accrued on it periodically.

Rs. 1,00,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank, in the name of the 6th appellant for a period of ten years and renewable for another five years, with liberty to withdraw the interest accrued on it periodically.

A sum of Rs. 50,000/-. *each with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank, in the names of the 2nd, 3rd, 4th and 5th appellants till they attain the age of 30 years. 1st Appellant is entitled to withdraw the interest accrued on it periodically, for the welfare of Appellant Nos. 2 to 5, till they attain the age of 21 years. From 22 years to 30 years, they are entitled to withdraw the interest periodically.

The remaining Rs. 1,02,300/- with proportionate interest shall be released in favour of the 1st and 6th appellants, in equal proportion, immediately, on deposit by the Insurer.

*corrected vide chamber order dt. 25/08/2015