Nareppa and Others vs B.C. Sudha and Others

B. Sreenivas Gowda, J.

This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal.

Heard the learned counsel appearing for the parties and perused the judgment and award of the Tribunal.

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 Srinivasa Y.N., aged about 18 years in a road traffic accident that occurred on 19.12.2009 due to rash and negligent driving of the offending bus bearing registration No. KA-06 A-3175 by its driver and liability of the insurer of the offending vehicle, the only point that remains for my consideration in the appeal is:

"Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?"

After hearing the learned counsel appearing for parties and perusing the judgment and award of the Tribunal, I am of the view that the quantum of compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and hence it requires to be enhanced.

It is a case of death of a boy aged about 18 years studying in II PUC at the time of accident. The claim petition is field by his parents seeking compensation. The claimants, in support of their contention that their deceased - son, apart from studying in II PUC, was also extending his help towards agricultural operations carried on by the family, except examining 1st claimant - father of deceased as PW-2 have not adduced any other evidence. In the absence of proof of income, considering the age of deceased as 18 years, year of accident as 2009 and avocation as a part time agriculturist and keeping in mind his future prospects, his income could be easily taken at Rs. 5,000/- p.m. as against Rs. 15,000/- notional income per annum taken by the Tribunal. As he died as a bachelor, 50% of his income is to be deducted towards his personal expenses, multiplier of 15 is applied based on the age of his mother as 38 years at the relevant point of time. Hence, compensation towards loss of dependency could be assessed at 5,000/2 x 12 x 15 = Rs. 4,50,000/- and it is awarded as against Rs. 2,25,000/- awarded by the Tribunal.

A sum of Rs. 45,000/- is awarded under various conventional heads such as love and affection, transportation of dead body and funeral expenses.

Thus, claimants are entitled for the following compensation:

Accordingly, the appeal is allowed-in-part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimant is entitled for an additional compensation of Rs. 2,40,000/- with interest at 8% p.a. from the date of claim petition till the date of realization excluding the interest for the delay period of 81 days.

The Insurance Company is directed to deposit the additional compensation amount together with interest within two months from the date of receipt of a copy of this judgment. From which, Rs. 50,000/- and Rs. 1,50,000/- with proportionate interest is ordered to be invested in fixed deposit in the name of claimants 1 and 2, respectively in any Nationalised Bank/Scheduled Bank/Post Office for a period of 10 years with a right of option for them to withdraw interest periodically. Remaining amount with proportionate interest is ordered to be released in favour of the claimants.

The Tribunal while releasing the amount is directed to issue FD slip to the claimants, so that they can withdraw the FD amount on its maturity and the Bank/Post Office in which the amount will be kept in FD is also directed to release the FD amount on maturity without insisting further orders from the Tribunal.

No order as to costs.