Padmavati vs Siddanna S. Maganagere

B. Sreenivas Gowda, J.—By consent of the learned counsel appearing for the parties, appeal is heard and disposed of finally at the stage of admission.

It is a case of death of a bachelor by name Sudhir in a road traffic accident. His mother and unmarried sister filed a claim petition before MACT, Bijapur seeking compensation under Section 166 of the Motor Vehicles Act from the owner and the insurer of the offending vehicle. The Tribunal, by impugned judgment, has awarded a sum of Rs. 4,04,000/- with interest at 6% per annum from the date of claim petition till the date of realisation. Aggrieved by the sum awarded by the Tribunal, claimants have preferred this appeal seeking enhancement of compensation.

As there is no dispute regarding death of deceased in the road traffic accident that occurred on 22.03.2003 due to rash and negligent driving of the offending Truck bearing Reg. No. KA-28-A 8205 by its driver and liability of the insurer of the said vehicle, the only point remains for consideration in this appeal is:

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

After hearing the learned counsel appearing for the parties and perusing the judgment and award of the Tribunal, we are of the view that the quantum of compensation awarded by the Tribunal is not just and reasonable and is on the lower side and therefore, the compensation awarded by the Tribunal is deserved to be enhanced.

The claimants in support of their contention that the deceased by working as a driver of an auto rickshaw was earning Rs. 9,000/- per month, have examined the second claimant sister of the deceased as PW-1. The Tribunal by holding that deceased was an auto rickshaw driver and assessing his income at Rs. 3,000/-per month and deducting 1/3rd of the said income towards personal and living expenses of the deceased and taking 2/3rd of it as his contribution towards family and applying multiplier ''16'' based on the age of the deceased has awarded a sum of Rs. 3,84,000/- towards loss of dependency which is not proper. The fact that deceased was a driver of an auto rickshaw is not disputed and no appeal was filed by the insurer challenging the said finding of the Tribunal. Therefore, considering the year of accident as 2003 and his avocation as driver of an auto rickshaw, his income can be easily assessed at Rs. 5,200/- per month as against Rs. 3,000/- per month assessed by the Tribunal. Since deceased died as a bachelor, 50% of his income is to be deducted towards his personal and living expenses and remaining 50% is to be taken as his contribution towards family. The multiplier of ''13'' is to be applied based on the age of his mother as against ''16'' multiplier applied by the Tribunal. If that is so, loss of dependency would work out to Rs. 4,05,600/-(Rs. 5,200/- x 1/2 x 12 x 13) and it is awarded as against Rs. 3,84,000/- awarded by the Tribunal.

The first claimant - mother has lost her young earning son and the second claimant - sister has lost her earning brother. Therefore, we award a sum of Rs. 50,000/- towards conventional heads as against Rs. 20,000/- awarded by the Tribunal.

Thus, the appellants-claimants are entitled to following compensation:

Thus the appellants are entitled to a total compensation of Rs. 4,55,600/- as against Rs. 4,04,000/- awarded by the Tribunal and are entitled to an additional compensation of Rs. 51,600/- with interest at 6% per annum from the date of claim petition till the date of realisation excluding interest for the delay period of 349 days in filing this appeal.

Accordingly, appeal is allowed in part and the Judgment and award passed by the Tribunal is modified to the extent stated herein above. Appellants are entitled to an additional compensation of Rs. 51,600/- with interest at 6% per annum from the date of petition till the date of realization excluding interest for the delay period of 349 days in filing this appeal.

The insurance company is directed to deposit the additional compensation amount together with interest within 2 months from the date of receipt of a copy of this judgment. From out of the additional compensation amount, Rs. 35,000/- with proportionate interest is to be invested in Fixed Deposit in the name of the first claimant mother of the deceased in any Nationalized bank/Scheduled Bank/Grameen Bank/Post Office for a period of 5 years with a right of option for her to withdraw interest periodically. Remaining amount with proportionate interest is ordered to be released in favour of both the claimants in equal proportion.

It is further made clear that the Tribunal while releasing the remaining amount in favour of claimants is also directed to issue FD slips to the first claimant so that she can withdraw the FD amount on maturity and the Bank/the post office in which the FD will be invested is also directed to release FD on maturity without insisting for further orders from the Tribunal.

Office to draw up the award accordingly.

No order as to costs.