Muttegowda. B.N. and Others vs N. Shivakumar and Others

N.K. Patil, J.—This appeal by the appellants/claimants is directed against the impugned judgment and award dated 07/09/2012, passed in MVC No. 1607/2009, by the Additional Senior Civil Judge and Motor Accident Claims Tribunal-XI, Tumkur, (hereinafter referred to as ''Tribunal'' for short), for enhancement of compensation.

The Tribunal, by its judgment and award, has awarded a sum of Rs. 3,44,000/- under different heads with interest at 6% per annum from the date of petition till its realization, as against the claim of the appellants for a sum of Rs. 20,00,000/-, on account of the death of the deceased Sri. Anandakumar in the road traffic accident. The appellants have presented this appeal on the ground that the compensation awarded by the Tribunal is inadequate and it requires to be enhanced.

In brief, the facts of the case are:

"The appellant Nos. 1 and 2 are the parents and appellant No. 3 is the sister of the deceased. They filed a claim petition before the Tribunal under Section 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 21.10.2009 at about 7.10 a.m. deceased along with 3rd appellant was proceeding in Hero Honda Splender Motor bike bearing Reg.No.KA.06.W.9462 on Mavatur road near Channavaderahalli gate, at that time, the driver of one luggage auto bearing Reg.No.KA.06.B.6663 came with high speed in a rash and negligent manner from opposite direction and dashed the bike. Due to which, both the rider and pillion rider fell on the road and deceased died at the spot."

It is the further case of the appellants that, deceased was aged about 23 years, hale and healthy prior to the accident, doing agricultural work and milk vending business and earning Rs. 10,000/- per month and looking after the welfare of the family. The untimely death of the deceased has affected the social and financial condition of the family as they have lost their earning member, 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. 3,44,000/- under different heads with interest at 6% p.a., from the date of petition till realization.

Not being satisfied with the compensation awarded by the Tribunal, the appellants have presented this appeal, for enhancement of compensation.

We have gone through the grounds urged in the memorandum of appeal. Notice to R1 is dispensed with and R2 is served and unrepresented.

The case of the appellants as made out in the memorandum of appeal is that, the Tribunal has failed to appreciate the evidence on record which has resulted in miscarriage of justice and in awarding only a sum of Rs. 3,44,000/- taking the income of the deceased only at Rs. 4,500/- per month and it ought to have taken Rs. 10,000/- per month as he was a Deed writer and B.A. Graduate. It is the further case of the appellants that Tribunal has erred in not awarding any compensation towards loss of love and affection and towards loss of estate. Therefore, he contended that the impugned judgment and award passed by the Tribunal is liable to be modified by enhancing the compensation reasonably.

After going through the grounds urged by the appellants in the memorandum of appeal and after 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. It is also not in dispute that appellants are the parents and sister of the deceased. It is the case of the appellants that deceased was aged about 23 years, working as agriculturist and also doing milk vending business and earning Rs. 10,000/- per month. But they have not produced any credible documents to show that deceased was having the said income and contributing the same to the welfare of the family. However, the income of the deceased assessed by the Tribunal at Rs. 4,500/- per month is on the lower side and is liable to be re-assessed. Having regard to the age, occupation of the deceased and the year of accident, we re-assess the income of the deceased at Rs. 5,500/- per month to meet the ends of justice instead of Rs. 4,500/- per month as assessed by the Tribunal. Out of which, if 50% Rs. 2,750/-) is deducted towards the personal and living expenses of the deceased, since he was a bachelor, his net income comes to Rs. 2,750/- per month. The appropriate multiplier applicable taking the age of the younger parent, mother of the deceased as 55 years is ''11'' in the light of the law laid down by the Apex Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, (2009) ACJ 1298 : AIR 2009 SC 3104 : (2009) CLT 1055 : (2009) 6 JT 495 : (2009) 6 SCALE 129 : (2009) 6 SCC 121 : (2009) 5 SCR 1098 : (2009) 5 UJ 2280 : (2009) AIRSCW 4992 : (2009) 3 Supreme 487 instead of multiplier of T2'' adopted by the Tribunal. Therefore, we re-determine the loss of dependency at Rs. 3,63,000/- ( Rs. 2,750/-x 12 x 11) instead of Rs. 3,24,000/- 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. 30,000/- towards loss of love and affection at the rate of Rs. 10,000/- each to the appellant Nos. 1 to 3, Rs. 25,000/- towards loss of estate and Rs. 25,000/- towards transportation and funeral expenses.

In all, the appellants are entitled to the total compensation of Rs. 4,43,000/- instead of Rs. 3,44,000/-awarded by the Tribunal. There would be an enhancement of compensation of Rs. 99,000/-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. The impugned judgment and award dated 07/09/2012, passed in MVC No. 1607/2009, by the Additional Senior Civil Judge and Motor Accident Claims Tribunal-XI, Tumkur, is hereby modified, awarding a sum of Rs. 99,000/- with interest at 6% p.a., from the date of petition till its realization in addition to the compensation awarded by the Tribunal.

The Insurer is directed to deposit the enhanced compensation of Rs. 99,000/- 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.

The enhanced compensation of Rs. 99,000/- with interest shall be released in favour of the appellant Nos. 1 and 2 in equal proportion immediately on deposit made by the Insurer.

Draw the award, accordingly.