P.S. Narayana Bhat and Another vs The Chief of Central Transport HMT Ltd. and Others

V.G. Sabhahit, J.

1.This appeal by the claimant in MVC. No. 1307 of 1996 on the file of MACT., Bangalore City is directed against the judgment and award dated 1.7.1999 seeking for enhancement of compensation.

The facts of the case in brief leading upto this appeal are as follows:

The parties would be referred to with reference to the rank before the trial Court. The Petitioners filed a petition u/s 166 of the Motor Vehicles Act seeking compensation of Rs. 15,20,000/- towards the death of their son P. Sripathi Bhat due to injury sustained in a motor accident that occurred on 3.2.1996 due to rash and negligent driving of the bus KA 04- 1953 owned by the first Respondent driven by the second Respondent and insured with the third Respondent. It is averred that the deceased was working as a chemist and earning Rs. 2,800/- per month. He had bright prospects for promotion and Petitioner was dependent upon the income of the deceased as parents and wherefore, the petition.

The second Respondent remained absent and was placed exparte. First Respondent though appeared through Counsel did not file written statement and third Respondent resisted the petition by filing written statement denying the averment made in the petition regarding age, income and status of the deceased and the manner of accident and that the liability of the lnsurance policy subject to the terms and conditions of the policy. The Tribunal framed appropriate issues. On behalf of the claimant,the first claimant was examined as PW.1 and they also examined PW. 2-Assistant Sub-lnspector who was working as Head Constable at the time of accident and PW 3 the employer of the deceased and got marked the documents Exs. P1 to P13. On behalf of the Respondents, no oral or documentary evidence was adduced. However, copy of the insurance policy was got marked as Ex.R1. The Tribunal by its judgment dated 1.7.1999 held that the accident occurred due to rash and negligent driving of the bus belonging to the first Respondent bearing No. KA 04-1953 and the son of the Petitioners Sripathi Bhat died due to injury sustained in the said accident that occurred on 3.2.1996 and Petitioners were dependent upon the income of deceased are entitled to compensation of Rs. 1,57,400/- with interest at 9% per annum from the date of petition to the date of payment.

Being aggrieved by the said judgment and award, the claimants have preferred this appeal.

l have heard the learned Counsel appearing for the Appellant and the learned Counsel appearing for Respondent No. 3. Respondents 1 and 2 though served with notice, have not chosen to appear before this Court.

The finding of the Tribunal that accident that occurred due to rash and negligent driving of the bus belonging to the first Respondent driven by the second Respondent bearing No. KA 04 1953 and that Sripathi Bhat sustained injury in the said accident and died and that Petitioners were dependent upon the income of the deceased and Respondents are liable to pay the compensation to the Petitioners has become final as the same has not been assailed by the Respondent and in this appeal by the claimant for enhancement of compensation, the only point that arises for determination is:

Whether the Appellants are entitled to enhancement of compensation?

and I answer the above point in the affirmative by holding that the Appellants are entitled to enhancement of compensation at Rs. 2,49,000/- for the following reasons:

The Tribunal has awarded compensation of Rs. 1,56,400/- under the following heads:

Loss of dependency Rs. 1,34,400/-

Loss of love and

affection Rs. 10,000/-

Transportation of deadbody Rs. 3,000/-

Loss of estate Rs. 5,000/-

Funeral expenses Rs. 5,000/-

lt is averred in the petition that Sripathi Bhat the deceased was working as a Chemist and earning Rs. 2,800/-. PW.1 has also deposed accordingly and PW.3 has been examined who has stated in his evidence that deceased was working in their establishment and he has produced the salary certificate as per Ex.P11 which shows that on the date of accident Sripathy Bhat was drawing salary of Rs. 2,800/- as a Chemist and the Tribunal has proceeded to assess the loss of dependency on the income of Rs. 2,800/-. The Tribunal failed to note that the deceased was aged 28 years at the time of accident. He had joined service in November, 1995 and he had prospects of increase in the income due to increment and promotion in future as PW.3 has stated in his evidence that since he was in Officer Cadre he could have gone upto General Manager post. However, there is no material on record to show as to what was the extent of increase in the income which Sripathi Bhat would have attained and in the absence of any material on record and in view of the fact that prospects of increase in the income and due to increment and promotion has to be taken into account, it would be just and reasonable to take the income of the deceased at Rs. 3,500/- and having regard to the fact that Petitioners are the parents of the deceased, 50% of the income has to be deducted towards personal and living expenses which leaves Rs. 1,750/- as loss of dependency per month i.e. Rs. 21,000/- per annum. Having regard to the age of the mother which is taken as 56 years by the Tribunal and the date of accident 3.2.1996, the appropriate multiplier would be 11 and not 8 taken by the Tribunal and wherefore the loss of dependency would come to Rs. 2,31,000/-. The Tribunal has awarded compensation of Rs. 10,000/- towards love and affection, Rs. 5,000/- towards loss to the estate of the deceased. In case of Appellants who are parents the question of awarding compensation towards love and affection would not arise and compensation to which the Petitioners would be entitled to is towards the loss to the estate and I hold that it would be just and reasonable to award compensation at Rs. 10,000/- towards loss to the estate of the deceased. Rs. 3,000/- awarded by the Tribunal towards transportation of dead body and Rs. 5,000/- towards funeral expenses is just and reasonable and does not require any enhancement and wherefore, I hold that Petitioners are entitled to enhancement of compensation to Rs. 2,49,000/- and accordingly, I pass the following order:

The appeal is allowed in part. The compensation awarded to the claimants is enhanced from Rs. 1,56,400/- to Rs. 2,49,000/-. The order of the Tribunal including the rate of interest remains unaltered. The compensation awarded is apportioned, Petitioner No. 1 shall be entitled to compensation of Rs. 99,000/- and Petitioner No. 2-the mother of the deceased is entitled to compensation of Rs. 1,50,000/-.