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Judgment
N.K. Patil, J.—This appeal by the claimants is directed against the judgment and award dated 24th March 2007, passed in MVC No. 211/2003, by the VI Additional Small Causes Judge, Motor Accident Claims Tribunal, Bangalore (SCCH-2), (for short, ''Tribunal'') for enhancement of compensation on the ground that, the compensation of Rs. 9,25,000/- awarded in favour of the claimants as against their claim for Rs. 55,00,000/-, is inadequate. The facts in brief are that, the claimants are the wife, minor daughter and father of deceased Dr. Anil Kumar. They filed the claim petition u/s 166 of the Motor Vehicles Act, contending that, at about 3:30 P.M, on 02-11-2002, when the deceased was riding a Kinetic Honda bearing Registration No. KA-04/Q-6498, at that time, a BMTC Bus bearing No. KA-04/A-3570 came from the same direction, at a high speed, in a rash and negligent manner and dashed against the Kinetic Honda. Due to the impact, the deceased fell down and sustained grievous injuries and later succumbed to the same.
It is the case of the appellants that, the deceased was aged about 51 years and working as professor, drawing salary of a sum of Rs. 3,68,954/- per annum and 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 security 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 24th March, 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. 9,25,000/- under different heads, with 7% 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 assessed the annual income of the deceased who was a scientist by profession, at Rs. 3,68,954/-, but erred in deducting 50% towards the personal expenses of the deceased on the ground that the wife was also earning and hence, not dependent on him. But, it must be noted that the claimants are wife, daughter and aged father. Therefore, having regard to the facts and circumstances of the case and as per the decision of the Hon''ble Supreme Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, if we deduct a sum of Rs. 65,545/- towards income tax and a sum of Rs. 2,400/- towards professional tax from the annual income of Rs. 3,68,954/-, the net annual income comes to Rs. 3,01,009/-. If 1/3rd ( Rs. 1,00,336/-) is deducted towards personal expenses of the deceased, the net annual income comes to Rs. 2,00,673/-. For the age of the deceased (51 years), the proper multiplier applicable is ''11'' as per the decision of the Hon''ble Apex Court in Sarla Verma''s case. Thus, the compensation towards loss of dependency would work out to Rs. 22,07,403/-(i.e. Rs. 2,00,673/- x ''11'') as against Rs. 8,75,000/- awarded by Tribunal.
However, the Tribunal erred in not awarding reasonable compensation towards the conventional heads. A sum of Rs. 50,000/- awarded under the said heads is on the higher side and needs to be reduced. 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. 50,000/- awarded by Tribunal.
Thus, there would be enhancement of compensation by a sum of Rs. 13,27,403/- 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 24th March 2007, passed in MVC No.211/2003, by the VI Additional Small Causes Judge, Motor Accident Claims Tribunal, Bangalore (SCCH-2), is hereby modified, awarding a sum of Rs. 13,27,403/-, 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. 13,27,403/-, 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, a sum of Rs. 8,00,000/- with proportionate interest shall be invested in the name of the first appellant-wife of deceased, in Fixed Deposit, in any scheduled/Nationalized Bank, for a period of ten years, renewable by another five years, with liberty reserved to her to withdraw the periodical interest.
A sum of Rs. 2,00,000/- with proportionate interest shall be invested in the name of the second appellant daughter of deceased, in Fixed Deposit, in any scheduled/Nationalized Bank, for a period of twenty-five years, with liberty reserved to her to withdraw the periodical interest.
A sum of Rs. 2,00,000/- with proportionate interest shall be invested in the name of the third appellant father of deceased, in Fixed Deposit, in any scheduled/Nationalized Bank, for a period of three years, renewable by another three years, with liberty reserved to him to withdraw the periodical interest.
Remaining sum of Rs. 1,27,403/- with proportionate interest shall be released in favour of the appellants Nos.1 and 3, in equal proportion, immediately.
Office to draw award, accordingly.