Poonacha P.D. and Others vs Jahangir Basha and Others

N.K. Patil, J.—This appeal by the claimants is directed against the impugned judgment and award dated 04.09.2014 passed in MVC No. 2667/2011 on the file of the VIII Additional Small Causes Judge and XXXIII ACMM, Member-MACT, Bengalore (SCCH-5), (hereinafter referred to as ''Tribunal'' for short) seeking to enhance the compensation.

The Tribunal by its judgment and award has awarded compensation of Rs. 19,77,000/- under different heads with interest at 6% per annum from the date of petition till the realization on account of death of the deceased-Vijay Nanaiah P in the road traffic accident.

In brief, the facts of the case are:

"Appellant Nos. 1 and 2 are the parents and appellant No. 3 is the sister of the deceased and they filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondents, on account of the untimely death of the deceased-Vijay Nanaiah P in the road traffic accident. It is the case of the claimants that on 13.04.2011 at about 11.10 p.m. the deceased along with one Vinay Raj were moving on two wheeler bearing registration No. KA-04-HA-9705 in B.B. Road, Nandi Cross (Rani Cross) towards Mahadenahalli. While returning towards Bangalore, a bus bearing registration No. KA-01-D-4195 came from Bangalore side, moving towards Hyderabad, struck the two wheeler and thereby the rider and pillion rider were crushed on the spot. On account of untimely death of the deceased, the claimants were constrained to file a claim petition against the respondents claiming compensation. The said claim petition had come up for consideration before the Tribunal. The Tribunal after appreciating the oral and documentary evidence and other material available on record, allowed the claim petition in part, awarding compensation of Rs. 19,77,000/- under different heads with interest at 6% p.a, from the date of petition till the date of realization. Not being satisfied with the impugned judgment and award passed by the Tribunal, appellants/claimants have presented this appeal for enhancement of compensation."

Heard the learned counsel for the appellants/claimants and the learned counsel for respondent No. 2-msurer.

After careful perusal of the impugned judgment and award passed by the Tribunal, what emerges is that, occurrence of accident and the resultant death of deceased is not in dispute. Claimants are none other than the parents and sister of the deceased. Further, it is not in dispute that, the deceased was aged about 22 years at the time of accident and hale and healthy. He was working as Sales Executive in M/s. Trademan Associates, R.T. Nagar, Bangalore and earning Rs. 16,000/- per month. He was a bachelor at the time of the accident. On account of his untimely death, the parents have suffered mental pain and agony. Sister has lost love and affection, guidance, inspiration and security in life. The parents are deprived to see the bright future of their son. It has also affected social, moral and economic condition of the family. Having regard to the age, avocation and year of the accident, the Tribunal has rightly assessed the income of the deceased at Rs. 24,000/- per month after adding 50% of the income following the judgment of the Apex Court in Santosh Devi Vs. National Insurance Company Ltd. and Others, . Out of which, if Rs. 200/- is deducted towards professional tax, the income comes to Rs. 23,800/- per month. Out of which, if 50% towards personal expenses is deducted, contribution towards family comes to Rs. 11,900/- per month. The age of the younger parent i.e., mother was 49 years and the appropriate multiplier applicable is ''13''. Accordingly, we re-determine the loss of dependency at Rs. 18,56,400/- (Rs. 11,900/- x 12 x 13).

As rightly submitted by the learned counsel for the appellants, the Tribunal has not awarded reasonable compensation towards conventional heads. Having regard to the facts and circumstances of the case, we deem it fit to award Rs. 1,50,000/- towards loss of love and affection at the rate of Rs. 50,000/- to each claimant, Rs. 25,000/- towards loss of estate and Rs. 25,000/- towards transportation and funeral expenses. The appellants are entitled for a total compensation of Rs. 20,56,400/- as against Rs. 19,77,000/- awarded by the Tribunal. There will be an enhancement of Rs. 79,400/-.

As rightly submitted by the learned counsel for the appellants, the rate of interest awarded by the Tribunal is on the lower side. Following the judgment of the Apex Court and this Court in host of judgments, we award 9% interest per annum on the enhanced compensation from the date of petition till realization.

In the light of the facts and circumstances of the case as stated above, the appeal is allowed in part. The impugned judgment and award dated 04.09.2014 passed in MVC No. 2667/2011 on the file of the VIII Additional Small Causes Judge and XXXIII ACMM, Member-MACT, Bengalore (SCCH-5), is hereby modified awarding an enhanced compensation of Rs. 79,400/- with 9% interest per annum from the date of petition till realization.

The respondent No. 2-insurer is directed to deposit the enhanced compensation with interest at 9% p.a., from the date of petition till the date of realization, within three weeks from the date of receipt of a copy of this judgment.

Entire enhanced compensation of Rs. 79,400/- with interest shall be released in favour of appellant Nos. 1 and 2 in equal proportion, immediately, on deposit by respondent No. 2-msurer.

Office to draw the award, accordingly.

Sri. B. Pradeep, learned counsel is permitted to file Vakalath for respondent No. 2, within four weeks.