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Judgment
N.K. Patil, J.—This appeal by the appellants-claimants is arising out of the impugned judgment and award dated 02/07/2011 passed in MVC No. 5347/2009, by the XVIII Additional Judge, Court of Small Causes and Member, Motor Accident Claims Tribunal-4, Bangalore, (hereinafter referred to as ''Tribunal'' for short), for enhancement of compensation, on the ground that a sum of Rs. 2,73,188/- awarded by the Tribunal under different heads, with interest at 6% per annum against the claim of Rs. 50,00,000/-, on account of the death of the deceased Sri. K.S. Vishwanath, in the road traffic accident is inadequate. In brief, the facts of the case are:
The appellant Nos. 1 and 2 are the parents of the deceased. 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 1.6.2009 at about 9.30 a.m. when the deceased was riding the motor cycle bearing Reg. No. KA.42.H.6888 on Channapatna-Halagur road and when he came near Harisandra gate, at the time, the driver of the Tata Indica car bearing Reg. No. KA. 04.P.7498 came with high speed in a rash and negligent manner and dashed against him. As a result, deceased sustained grievous injuries and took treatment at hospital. But inspite of best treatment, he died on the same day.
It is the further case of the appellants that, deceased was aged about 18 years, hale and healthy prior to the accident and was owning Nature fresh juice centre and earning Rs. 600/- per day. Due to his untimely death, appellant Nos. 1 and 2 who were completely depending upon his earnings have lost their son, who was their future hopes and security, 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. 2,73,188/- under different heads, with interest at 6% per annum from the date of petition till the date of deposit.
Being dis-satisfied 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 Insurer.
Learned counsel for the appellants submitted that, the income of the deceased assessed by the Tribunal at Rs. 3,000/- per month is on lower side and it requires to be reassessed, on the ground that, deceased was owning Juice Centre and earning Rs. 600/- per day, he was the only earning member of the family. Further, he submits that the compensation awarded by the Tribunal towards conventional heads is inadequate 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.
After hearing the learned counsel for the parties and after perusing the materials available on record, 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 resulting in the death of the deceased is not in dispute. The dependants are the parents of the deceased. It is the case of the appellants that, deceased was owing Nature Fresh Juice Centre and earning Rs. 600/- per day and to prove the same, they produced Ex. P7, licence for running the said juice centre. 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 modified. Having regard to the age and occupation of the deceased and year of the accident, we re-assess his income at Rs. 4,500/- per month. Out of which, if 50% ( Rs. 2,250/-) is deducted towards his personal expenses since he was a bachelor, his remaining income comes to Rs. 2,250/- per month. Accepting the multiplier of ''13'' taking the age of the younger parent-mother of the deceased as 50 years as just and proper we re-determine the loss of dependency at Rs. 3,51,000/- ( Rs. 2,250/- x 12 x 13) instead of Rs. 2,34,000/- awarded by the Tribunal and accordingly, it is awarded.
Having regard to the facts and circumstances of the case, we award a sum of Rs. 45,000/- towards conventional heads, such as, loss of love and affection, loss of estate and transportation and funeral expenses instead of Rs. 20,000/- awarded by the Tribunal. However, a sum of Rs. 19,188/- awarded by the Tribunal towards medical expenses is just and reasonable and it does not call for interference. In all, the appellants are entitled to a total compensation of Rs. 4,15,188/- instead of Rs. 2,73,188/- awarded by the Tribunal. There would be an enhancement of Rs. 1,42,000/- 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 and the impugned judgment and award dated 02/07/2011 passed in MVC No. 5347/2009, by the XVIII Additional Judge, Court of Small Causes and Member, Motor Accident Claims Tribunal-4, Bangalore, is hereby modified, awarding the compensation of Rs. 1,42,000/- with interest at 6% p.a., from the date of petition till its realization, in addition to the compensation awarded by the Tribunal.
The 2nd respondent - Insurer is directed to deposit the enhanced compensation of Rs. 1,42,000/- 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 such deposit by the Insurer, out of the enhanced compensation of Rs. 1,42,000/-, a sum of Rs. 50,000/- with proportionate interest shall be invested in Fixed Deposit, in the names of each of the appellant Nos. 1 and 2, in any Nationalized or Scheduled Bank, for a period of five years and renewable by another five years, with liberty reserved to them to withdraw the interest accrued on it, periodically.
The remaining sum of Rs. 42,000/- with proportionate interest shall be released in favour of the appellant No. 1 and 2 in equal proportion immediately.
Draw the award, accordingly.