AI Structured Summary
Not yet generated for this judgment
Judgment
N.K. Pail, J.—This appeal by the Insurance Company is directed against the impugned common, judgment and award dated 7th September 2004, passed in M.V.C. No. 244/2002, on the file of the III Additional District, Member, Motor Accident Claims Tribunal-IV, D.K. Mangalore, (for short, Tribunal'') for reduction of compensation on the ground that, the compensation of Rs. 6,66,600/- awarded in favour of the claimants is excessive, exhorbitant and needs to be reduced.
The facts in brief are that the respondents 1 to 3 herein are none other than the claimants, who are the wife and children of deceased Sri H. Moideen, who met with an accident at about 8:00 A.M. on 14-11-2001, when he was travelling in goods tempo bearing Registration No. CNG 5483 from Udupi towards Mangalore. The accident occurred when a lorry bearing No. MP 26/C-3833 came in a rash and negligent manner and dashed against the tempo from the hind side. Due to the said impact, the deceased sustained grievous and multiple injuries. Immediately, he was shifted to KMC Hospital, Manipal for treatment, where he was inpatient for about 23 days and from there, he was shifted to Government Wenlock Hospital, Mangalore. But, while undergoing treatment, he succumbed to the injuries on 07-12-2001. It is the contention of the claimants that the deceased was aged about 46 years and a vegetable vendor, earning a minimum sum of Rs. 200/- to Rs. 300/- per day and in view of his death, they have lost the only source of security and are put to great financial distress apart from mental shock.
On account of the death of the deceased, the claimants filed the claim petition before the Tribunal, u/s 166 of the Motor Vehicles Act, seeking compensation of a sum of Rs. 12.00 lakhs against the two Insurance Companies and the owners of the two vehicles involved in the accident. The said claim petition had come up for consideration before the Tribunal on 7th September 2004. 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. 6,66,600/- under different heads, with interest at 6% per annum from the date of petition till the date of payment. Being highly aggrieved of the income assessed by the Tribunal at Rs. 5.000/- per month, for calculating the compensation payable towards loss of dependency, the Insurance Company is in appeal before this Court, seeking substantial reduction of compensation.
We have heard learned Counsel for Insurance Company and learned Counsel for claimants for considerable length of time.
After hearing learned Counsel for the parties and after perusal of the judgment and award, we are of the opinion that the Tribunal is justified in awarding a sum of Rs. 45,600/- towards medical expenses including incidental charges, Rs. 20,000/- towards loss of consortium, Rs. 30,000/- towards loss of filial love, Rs. 20,000/- towards loss of estate and a sum of Rs. 5,000/- towards transportation of dead body and funeral expenses. Hence, interference in the same is uncalled for.
However, the Tribunal seriously erred in assessing the income of the deceased, who was a vegetable vendor, at Rs. 5,000/- per month. But, it is pertinent to note, in the connected M.V.C. No. 243/2002, the injured, who is also a vegetable vendor, had approached this Court in appeal and this Court has fixed his monthly income at Rs. 4,000/- per month. Therefore, since both the cases are similar, we accept the same and fix the income of the deceased also at Rs. 4,000/- per month. Having regard to the number of dependents being three, we deduct 1/3rd of the said income towards the personal and living expenses of the deceased. Accordingly, after deduction of 1/3rd (Rs. 1,333/-), the net income comes to Rs. 2,687/- per month. Since the deceased was aged about 46 years, the proper multiplier applicable is ''13'' as per the decision of the Apex Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, . Accordingly, we re-determine compensation payable towards loss of dependency at Rs. 4,16,052/- (i.e. Rs. 2,667/- x 12 x ''13'') as against Rs. 5,46,000/- awarded by Tribunal.
In the light of the facts and circumstances of the case, as stated above, the appeal filed by the Insurance Company is allowed in part. The impugned common judgment and award dated 7th September 2004, passed in M.V.C. No. 244/2002, on the file of the ill Additional District, Member Motor Accident Claims Tribunal-IV, D.K. Mangalore, is hereby modified, reducing the total compensation from Rs. 6,66,600/- awarded by Tribunal, to Rs. 5,36,652/- (reduction being Rs. 1,29,948/-), with interest at 6% per annum, from the date of petition till the date of realization. The breakup is as follows:
Towards Loss of Dependency Rs. 4,16,052/- Towards Loss of filial love and Rs. 30,000/- affection Towards Loss of estate/loss of Rs. 20,000/- expectancy Towards transportation of dead Rs. 05,000/- body and funeral expenses Towards loss of consortium Rs. 20,000/- Towards medical expenses Rs. 45,600/- including incidental charges Total Rs. 5,36,652/-
The Insurance Company is directed to deposit the remaining compensation, with interest thereon at 6% per annum, within four weeks from the date of receipt of copy of the judgment and award.
The apportionment of compensation made by Tribunal gets proportionately reduced to the extent of reduction of compensation made by this Court.
The statutory amount in deposit by the Insurance Company is directed to be transmitted to the jurisdictional Tribunal, forthwith.
Office to draw award, accordingly.