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Judgment
N.K. Patil. J.
This appeal by the claimants is directed against the judgment and award dated 27th February 2007, passed in MVC No. 684/2006(old No. 106/06), by the Presiding Officer, Fast Track Court-III, Motor Accident Claims Tribunal, Mysore, (for short, ''Tribunal'') for enhancement of compensation on the ground that, the compensation of Rs. 2,81,000/- awarded in favour of the claimants as against their claim for Rs. 46,03,000/-, is inadequate. The facts in brief are that, the claimants are the wife and daughter of deceased Rathnavarma Hegde. They filed the claim petition u/s 166 of the Motor Vehicles Act, contending that, between 7:00 and 7:30 P.M, on 03-02-2006, when the deceased was crossing the devaraja Urs Road, Mysore, after ensuring himself that there is no other vehicle passing on the main Road, of Nalapak Hotel, Near Mothi Ceramics Shop, the driver of the Motor Bike bearing Registration No. KA-13/K-8040 came at high speed, in a rash and negligent manner and dashed against the deceased and due to the impact, he sustained grievous injuries and immediately he was shifted to Appollo Hospital, Mysore, for treatment and unfortunately, he died on 04-02-2006 while under treatment.
It is the case of the appellants that, the deceased was aged about 63 years and retired as Professor of Botany from Maharani Mahila Science College, drawing pension of a sum of Rs. 7,746/- per month and commuted pension of Rs. 2,556/- and reduced pension of Rs. 5,164/- was hale and healthy prior to the accident. On account of the untimely death of the deceased, the claimants have lost the love and affection, social and moral support, apart from financial support and therefore, they have to be compensated reasonably.
On account of the death of the deceased, the appellants filed the claim petition before the Tribunal, seeking compensation against the respondents. The said claim petition had come up for consideration before the Tribunal on 27th February, 2007. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 2,81,000/- under different heads, with 6% interest per annum, from the date of petition till the date of payment. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants are in appeal before this Court, seeking enhancement of compensation.
We have gone through the grounds urged in the memorandum of appeal and heard the learned counsel appearing for third respondent/Insurer, for quite some time.
After hearing learned counsel for the claimants and also the Insurer and after careful perusal of the judgment and award passed by the Tribunal, we are of the view that the Tribunal, after critical evaluation of the oral and documentary evidence available on file, has rightly awarded compensation of Rs. 2,43,081/- towards loss of dependency and a sum of Rs. 12,505/- towards medical expenses as per the medical bills. Hence, interference in the same is not called for.
However, the Tribunal erred in not awarding reasonable compensation towards the conventional heads. A sum of Rs. 25,000/- awarded under the said heads is on the lower side and needs to be enhanced. As per the decision of the Hon''ble Supreme Court in Sarla Verma''s case, we award a sum of Rs. 45,000/- towards conventional heads such as, loss of consortium, loss of estate, loss of love and affection and transportation of dead body and funeral expenses as against Rs. 25,000/- awarded by Tribunal.
Thus, there would be enhancement of compensation by a sum of Rs. 20,000/- with interest at 6% per annum, from the date of petition till the date of realization.
In the light of the facts and circumstances of the case, as stated above, the appeal filed by appellants is allowed in part. The impugned judgment and award dated 27th February 2007, passed in MVC No. 684/2006(old No. 106/06), by the Presiding Officer, Fast Track Court-III, Motor Accident Claims Tribunal, Mysore, is hereby modified, awarding a sum of Rs. 20,000/-, with interest at 6% per annum, from the date of petition till the date of realization, in addition to the compensation awarded by Tribunal.
The third respondent /Insurer is directed to deposit the enhanced compensation of Rs. 20,000/-, with interest thereon at 6% per annum, within three weeks from the date of receipt of copy of the judgment and award.
Immediately on such deposit by the Insurer, the entire sum shall be released in favour of the first appellant, immediately.
Office to draw award, accordingly.