AI Structured Summary
Not yet generated for this judgment
Judgment
N.K. Patil, J.—This appeal by the appellants-claimants is directed against the impugned common judgment and award dated 05/04/2013 passed in MVC No. 7167/2010, by the XII Additional Small Causes Judge and Member, Motor Accident Claims Tribunal, Bangalore (SCCH-8), (hereinafter referred to as '' Tribunal'' for short), for enhancement of compensation., on the ground that, a sum of Rs. 6,54,000/- awarded by the Tribunal under different heads with interest at 6% per annum from the date of petition till realization, as against the claim Rs. 30,00,000/-, on account of the death of the deceased Sri. Narasimha Murthy, in the road traffic accident is inadequate.
In brief, the facts of the case are:
"The appellants are the wife, children, mother and sister of the deceased. They filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondents, on account of the death of the deceased in the road traffic accident, contending that, on 2.10.2010, deceased was traveling on a motorcycle bearing Reg. No. KA.43J.1884 as a rider along with his sister Smt. Anandamma as a pillion rider on Bettahalasur-Sugatta road in a moderate speed and at about 11.30 a.m. when they came near Rajanukunte-MVIT cross road and Bettahalasur-Sugatta road, at that time, the driver of the lorry bearing Reg. No. KA.13.7477 with speed in a rash and negligent manner and hit against the motorcycle. Due to which, lorry dragged the motorcycle to an extent of 25 feet and hit against a road side tree and came to a halt. Due to which, both rider and pillion rider suffered fatal injuries. Immediately, they were taken to Columbia Asia Hospital, Bangalore, for treatment, where the pillion rider Smt. Anandamma was declared as dead and the rider died on the same day." 3. It is the further case of the appellants that, deceased was aged about 40 years, hale and healthy prior to the accident. He was an agriculturist and also doing business of supplying milk to the Milk Producers Co-operative Society, Gangasandra and earning Rs. 25,000/- per month and looking after the welfare of the family by contributing his entire earnings to the family. Due to his untimely death, appellants have suffered financial loss as they have lost their bread earner, apart from mental shock and agony.
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 file, has allowed the claim petition in part and awarded the compensation of Rs. 6,54,000/- under different heads with interest at 6% p.a., from the date of petition till realization.
Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants have presented this appeal, for enhancement of compensation.
We have gone through the grounds urged by the appellants in the memorandum of appeal and perused the material available on file.
It is the case of the appellants as made out in the memorandum of appeal that, deceased was aged about 40 years, agriculturist by profession and also supplying milk to the Milk Producers Co-operative Society at Gangasandra and earning Rs. 25,000/- per month, but the Tribunal has assessed his income only at Rs. 4,000/- per month, added another 30% towards future prospects, after deducting 1/3rd towards his personal expenses and applying T5'' multiplier has awarded a sum of Rs. 6,24,000/- towards loss of dependency which is on the lower side and is liable to be enhanced reasonably, by re-assessing his income, after deducting 1/4th towards personal expenses and applying proper multiplier. It is the further case of the appellants that, the compensation awarded by the Tribunal towards conventional heads and the rate of interest awarded at 6% p.a., from the date of petition till its realization is on the lower side and is liable to be enhanced reasonably. Therefore, the appellants prayed that the impugned judgment and award is liable to be modified by awarding reasonable compensation towards loss of dependency and towards conventional heads and also the rate of interest.
As against this, it is the case of the Insurer that the impugned judgment and award passed by the Tribunal is just and proper and after due appreciation of the oral and documentary evidence available on file. It is the further case of the Insurer that, the Tribunal, taking into consideration the age, occupation and year of the accident, has justified in assessing the income of the deceased at Rs. 4,000/- per month, adding 30% towards future prospects and deducting 1/3rd towards his personal expenses and therefore, whatever amount awarded by the Tribunal towards loss of dependency and towards conventional heads on account of the untimely death of the deceased is just and proper and therefore, it does not call for interference.
After careful perusal of the material available on record at threadbare, the grounds urged by the appellants in the memorandum of appeal, including the impugned judgment and award passed by the Tribunal, the only point that arises for our consideration is:
"Whether the compensation awarded by the Tribunal is just and reasonable?" 10. The occurrence of the accident and the resultant death of the deceased are not in dispute. Further, it is not in dispute that deceased was aged about 40 years, hale and healthy prior to the accident. The deceased was an agriculturist by profession and also supplying milk to the Milk Producers Co-operative Society, Gangasandra and the dependants are his wife, children, mother and sister. The Tribunal, has assessed the income of the deceased at Rs. 4,000/- per month, which is on the lower side and it needs to be enhanced. Having regard to the age and occupation of the deceased and the year of accident, we re-assess his income at Rs. 6,500/- per month instead of Rs. 4,000/- per month as assessed by the Tribunal. Out of which, if 1/4th ( Rs. 1,625/-) is deducted towards the personal and living expenses of the deceased since the dependants are his wife, children, mother and sister, his net income comes to Rs. 4,875/- per month. The proper multiplier applicable is ''15'' since the deceased was aged about 40 years as rightly adopted by the Tribunal and we accept the same. Therefore, we re-determine the loss of dependency at Rs. 8,77,500/- ( Rs. 4,875/- x 12 x 15) instead of Rs. 6,24,000/- as awarded by the Tribunal and accordingly, it is awarded.
Having regard to the facts and circumstances of the case as stated above, we award a sum of Rs. 1,00,000/- towards loss of consortium, Rs. 50,000/- towards loss of love and affection at Rs. 10,000/- to the each of the appellants, Rs. 25,000/- towards loss of estate and Rs. 25,000/- towards transportation and funeral expenses. In all, the appellants are entitled to the total compensation of Rs. 10,77,500/- instead of Rs. 6,54,000/-. There would be an enhancement of Rs. 4,23,500/-.
Further, the Tribunal has erred in awarding 6% interest per annum from the date of petition till its realization which is on the lower side, since the accident is of the year 2010. In the light of the judgment of Apex Court and this Court, we award the rate of interest at 8% per annum from the date of petition till its realization on the enhanced compensation.
For the foregoing reasons, the appeal filed by the appellants is allowed in part. The impugned common judgment and award dated 05/04/2013 passed in MVC No. 7167/2010, by the XII Additional Small Causes Judge and Member, Motor Accident Claims Tribunal, Bangalore (SCCH-8), is hereby modified, awarding a sum of Rs. 4,23,500/- with interest at 8% p.a., from the date of petition till its realization, in addition to the compensation awarded by the Tribunal.
The 1st respondent-Insurer is directed to deposit the enhanced compensation of Rs. 4,23,500/- with interest at 8% p.a., from the date of petition till the date of realization, within a period of three weeks from the date of receipt of a copy of this judgment.
Immediately on deposit by the Insurer, out of the enhanced compensation of Rs. 4,23,500/-, a sum of Rs. 1,00,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled or Grameena bank in the name of the appellant No. 1 for a period of ten years and renewable by another ten years, with liberty reserved to the appellant No. 1 to withdraw the interest accrued on it, periodically.
A sum of Rs. 75,000/- with proportionate interest shall be invested in Fixed Deposit in any Nationalized or Scheduled or Grameena bank in the name of the appellant No. 4, mother of the deceased for a period of five years and renewable by another five years, with liberty reserved to her to withdraw the interest accrued on it, periodically.
A sum of Rs. 75,000/- with proportionate interest shall be invested in Fixed Deposit in any Nationalized or Scheduled or Grameena bank in the name of the appellant No. 5, for a period of five years and renewable by another five years, with liberty reserved to her to withdraw the interest accrued on it, periodically.
A sum of Rs. 50,000/- with proportionate interest shall be invested in Fixed Deposit in any Nationalized or Scheduled or Grameena bank in the names of each of the appellant Nos. 2 and 3, with liberty reserved to them to withdraw the interest accrued on it, periodically.
The remaining sum of Rs. 73,500/- with interest shall be released in favour of the appellant Nos. 1, 4 and 5 in equal proportion.
Draw the award, accordingly.