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Judgment
B. Sreenivase Gowda
This appeal is by the claimants seeking enhancement of compensation awarded by the Tribunal.
Heard, the appeal is admitted and with the consent of the learned counsel appearing for the parties, it is taken up for final disposal.
For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.
As there is no dispute regarding death of the deceased in a road traffic accident occurred on 15.01.2008 due to rash and negligent driving of the S.S.R. Bus bearing registration No. KA-08-2737 by its driver and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is:
"whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement."
After hearing the learned counsel appearing for the parties and perusing the judgment and award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and hence it is required to be enhanced.
The deceased was aged about 23 years at the time of his death in the accident. The claim petition is filed by his parents u/s 166 of MV Act. The claimants in support of their contention that the deceased by doing agriculture and milk vending was earning a sum of Rs. 12,000/- per month except examining the second claimant, mother of the deceased as PW-X end have not produced any documents establishing the profession and the income of the deceased, Therefore, considering his age as 23 years and year of accident as 2008, his income can be assessed at Rs. 4,000/- per month as against Rs. 3,000/- per month assessed by the Tribunal. Since the deceased was a bachelor, 50% of the income has to be deducted toward his personal expenses and multiplier of 14 has to be applied based on the age of the mother, who is aged 41 years. Therefore, the ''loss of dependency'' works out to Rs. 3,36,000/- (4000 x 1/2 x 14 x 12) and it is awarded as against Rs. 216,000/- awarded by the Tribunal.
Further, it is just and proper to award a sum of Rs. 23,000/- as against Rs. 20,000/- awarded by the Tribunal under the different beads of convention.
Thus the claimants are entitled for the following compensations:-
PARTICULARS
Rs.
1
Loss of Dependency
3,36,000
2
Different head of convention
25,000
TOTAL
3,61,000/-
Compensation awarded by the Tribunal
2,36,000/-
BALANCE
1,25,000/-
Accordingly, the appeal is allowed in part. The judgment and award passed by the Tribunal is modified to the extent staled herein above. The claimants are entitled for an additional compensation of Rs. 1,25,000/- with interest at 6% p.a. from the date of claim petition till the date of realisation.
The Insurance Company is directed to deposit the additional compensation amount with interest within two months from the date of receipt of a copy of this judgment. From which, Rs. 1,00,000/- with proportionate interest is ordered to be invested in fixed deposit in the name of second claimant who is the mother of the deceased in any Nationalised Bank/Scheduled Bank/Post Office for a period of 15 years renewable from time to time and with a right of option to withdraw interest periodically. Remaining amount with proportionate interest is ordered to be released in favour of both the claimants in equal proportion immediately after the deposit.
No order as to coats.