Parameshawarappa and Others vs Dakshayani and Others

B. Sreenivas Gowda, J.—This appeal is by the claimants seeking enhancement of compensation awarded by the Tribunal.

It is a case of death of a bachelor by name Lokesh, aged about 22 years. His parents, sister and grand father filed a claim petition in MVC No. 445/2011 under Section 166 of the Motor Vehicles Act before the MACT, Bangalore, seeking compensation of Rs. 25,60,000/- from the owner and insurer of the offending vehicle. The Tribunal by impugned judgment and award has awarded a compensation of Rs. 4,08,000/- with interest at 6% p.a. from the date of claim petition till the date of payment and directed the owner of the vehicle to pay the said amount on the ground that the offending vehicle had no insurance on the date of accident. Claimants, aggrieved by the quantum of compensation awarded by the Tribunal, have preferred this appeal seeking enhancement.

As there is no dispute regarding death of deceased in a road traffic accident occurred on 20.12.2010 at about 11.50 p.m., due to rash and negligent driving of the driver of offending vehicle bearing Regn. No. KA-02/C-7021 and liability of the owner of the offending vehicle as the vehicle was not insured as on the date of the accident the only point that arises for our consideration is:

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

Sri T.C. Sathishkumar, learned counsel appearing for the appellants submits that, the income assessed by the Tribunal is on the lower side, consequently compensation awarded towards loss of dependency is on the lower side. He submits even compensation awarded under conventional heads is also on the lower side and therefore, he prays for allowing the appeal by enhancing the compensation awarded by the Tribunal.

Sri B. Pradeep, learned counsel appearing for the 3rd respondent-insurer submits that, as the offending vehicle was not insured with their insurance company as on the date of accident he has nothing to say with regard to quantum.

The owner of the offending vehicle though was served with the notice of this appeal, remained unrepresented.

We have heard the learned counsel appearing for the claimants and perused the judgment and award of the Tribunal including its records.

Claimants in support of their contention that deceased by working as Supervisor in TD Power Systems at Industrial town of Dobbaspet was getting salary of Rs. 20,000/- per month have produced his salary certificate at Ex. P9 and also Pass-Book at Ex. P10. The R.C. Book and the driving licence produced at Ex. P11 and Ex. P12 respectively would show that, he was owning a Car and had the Driving Licence. Smt. Dakshayani, who is the owner of the offending vehicle though was served in the claim petition did not choose to appear and contest the claim petition before the Tribunal. However, claimants have not examined the author of Ex. P9-Salary Certificate. Perusal of Pass-Book produced at Ex. P10 shows that, some amount used to be remitted to his bank account up to December 2010. But no fixed amount has been remitted regularly in the first week of every month to know his monthly earnings. Therefore, considering the age of the deceased as 22 years, year of accident as 2010 and the fact that deceased had some employment, his income could be assessed at Rs. 7,000/- per month as against Rs. 4,500/- per month assessed by the Tribunal. As deceased died as a bachelor, 50% of his income has to be deducted towards his personal expenses and remaining 50% has to be taken as his contribution towards family. The multiplier of 14 has to be applied based on the age of his mother, who was 40 years old at the relevant point of time. Therefore, loss of dependency works out to Rs. 5,88,000/- (Rs. 3,500/- x 12 x 14) and we award the same as against Rs. 3,78,000/- awarded by the Tribunal.

In addition to that, we award a sum of Rs. 40,000/- towards loss of love and affection at the rate of Rs. 10,000/- to each of the claimants, Rs. 25,000/- towards loss of estate and Rs. 25,000/- towards transportation of dead body and funeral expenses.

In all, the claimants are entitled to a total compensation of Rs. 6,78,000/- as against Rs. 4,08,000/- awarded by the Tribunal. Thus, they are entitled for additional compensation of Rs. 2,70,000/- with interest at 8% p.a.,

Accordingly, the appeal is allowed in part. The judgment and award passed by the Tribunal is modified. The claimants are entitled for additional compensation of Rs. 2,70,000/- from the 1st respondent-owner of the offending vehicle who is directed to pay the same with 8% interest per annum from the date of claim petition till the date of realization within three weeks from the date of receipt of a copy of this judgment.

From the additional compensation amount of Rs. 2,70,000/-, a sum of Rs. 1,50,000/- with proportionate interest is directed to be invested in the name of the 2nd claimant - mother of the deceased, in Fixed Deposit in any nationalized/scheduled Bank or Post Office for a period of 10 years renewable for another 5 years, with a right of option to withdraw interest periodically. The remaining amount with proportionate interest is directed to be released in favour of 1st and 2nd claimants, in equal proportion.

No order as to costs.