Ramia and Others vs B.P. Ramesh and Others

B. Sreenivas Gowda, J.—These appeals are by the claimants seeking enhancement of compensation awarded by the Tribunal.

As these appeals are arising out of a common road traffic accident and common judgment of the Tribunal they are heard together and disposed of by this common judgment with the consent of the learned counsel appearing for the parties.

For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.

As there is no dispute regarding injuries sustained by one person and death of two persons in a road traffic accident occurred on 05.10.2010 due to rash and negligent driving of the driver of Tempo bearing Registration No. KA-09-B-9788 and liability of the insurer of the said vehicle, the only point that arises for my consideration in the appeal is:

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

After hearing the learned counsel appearing for parties and perusing the judgment and award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and hence it is required to be enhanced.

In MFA No. 11218/2011 arising out of MVC No. 1366/2010

It is the case of death of one Mohammed Ali @ Puttu. The claimants who are wife, 3 minor daughters and father of deceased in support of their contention that the deceased by doing business and coolie was earning profit of more than Rs. 300-500 per month day except examining the first claimant wife of deceased as PW-1, have not adduced any evidence regarding avocation and income of deceased. Therefore in the absence of proof of income of deceased, considering the age of deceased as 37 years, the year of accident as 2010 and his avocation as daily wager, his income can be assessed at Rs. 5,500/- per month as against Rs. 3,000/- per month assessed by the Tribunal. Considering the number of dependant claimants as four 1/4th of the income of deceased deducted by the tribunal towards his personal and living expenses is just and proper. Further multiplier ''15'' applied by the tribunal based on the age of deceased who was 37 years at the relevant point of time is also sound and proper. So, the loss of dependency'' works out to Rs. 7,42,500/- (5500 x 3/4 x 15 x 12) and it is awarded as against Rs. 3,60,000/- awarded by the Tribunal.

The first claimant has lost her husband at her young age, claimants 2, 3 and 4 have lost their father at their tender age and claimant 5 has lost his earning son at his old age. Considering the same Rs. 50,000/- is awarded towards "loss of consortium" in respect of the first claimant, Rs. 80,000/- towards "Loss of love and affection" to claimant Nos. 2 to 5 at the rate of Rs. 20,000/- each and Rs. 25,000/- is awarded towards transportation of dead body and funeral expenses. In all Rs. 1,55,000/- is awarded under various conventional heads.

Thus, the claimants are entitled for the following compensation:--

Accordingly, the appeal is allowed in part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimants are entitled for an additional compensation of Rs. 5,16,500/- with interest at 6% p.a. from the date of claim petition till the date of realisation.

The Insurance Company is directed to deposit the additional compensation amount with interest within two months from the date of receipt of a copy of this judgment.

Out of the additional compensation, Rs. 1,50,000/- with proportionate interest in the name of first claimant, Rs. 1,00,000/- each with proportionate interest in the name of claimants No. 2, 3 and 4 is ordered to be invested in fixed deposit in any Nationalised Bank/Scheduled Bank/Post Office for a period of 10 years, with a right of option for them to withdraw interest periodically and remaining amount with proportionate interest is ordered to be released in favour of the first and fifth claimants in equal proportion.

The Tribunal while releasing the remaining amount, is also directed to issue the fixed deposit slips, so as to enable the claimants to withdraw the deposit amount on its maturity without approaching the Tribunal once again and the Bank is directed to issue F.D slips so as to enable the claimants to withdraw the deposit amount on its maturity without approaching the Tribunal once again and the Bank is directed to release the fixed deposit amount without insisting for any further order from the Tribunal.

No order as to costs.

MFA No. 11220/2011 (arising out of MVC No. 1376/2010)

It is a case of death of one Shekara, aged about 38 years. Claim Petition is filed by his wife, two minor children and parents.

Claimants, in support of their contention, submit that deceased, by working as an auto driver, was earning more than Rs. 300/- per day except examining 1st claimant, wife of deceased as P.W. 4, have not adduced any other evidence regarding avocation and income of the deceased. Therefore, in the absence of proof of income, considering age of deceased as 37 years, year of accident as 2010 and his avocation as a Daily Wager, his income is assessed at Rs. 5,500/- p.m. Considering number of dependant claimants as four, 1/4th of the income of deceased is to be deducted towards his personal and living expenses and 3/4th of it has to be taken as his contribution towards family. Multiplier 15 is to be applied based on the age of deceased who was 37 years as on the date of accident. Thus, loss of dependency works out to Rs. 5,500/- x 3/4 x 12 x 15 = 7,42,500/- and it is awarded as against Rs. 3,60,000/- awarded by the Tribunal.

In addition to that a sum of Rs. 50,000/- is awarded towards loss of consortium in respect of 1st claimant. Rs. 80,000/- is awarded towards loss of love and affection to Claimant Nos. 2 to 5 at the rate of Rs. 20,000/- each and Rs. 25,000/- is awarded towards transportation of dead body and funeral expenses. Thus, in all, a sum of Rs. 1,55,000/- is awarded towards conventional heads. Thus, claimants are entitled to following compensation:

Accordingly, Appeal is allowed in part. Judgment and award of the Tribunal is modified to the extent stated above. Claimants are entitled to additional compensation of Rs. 5,16,500/- with interest @ 6% p.a., from the date of petition till the date of realization.

Insurance Company is directed to deposit additional compensation amount within two months from the date of receipt of copy of this Judgment.

From out of additional compensation, a sum of Rs. 1,75,000/- with proportionate interest in the name of 1st claimant and Rs. 1,00,000/- with proportionate interest each, in the name of Claimants 2, 3 and 4 is to be invested in fixed deposit in any nationalized/scheduled/grameena bank/post office for a period of five years in case of Claimants 1 and 4, till the date of attaining majority in case of Claimants 2 and 3 with a right of option for them to withdraw interest periodically. Claimant No. 1 is permitted to withdraw interest from her deposit as well as from the deposits of her minor children. Remaining amount with proportionate interest is to be released in favour of Claimants 1 and 4 in equal proportion.

The Tribunal while releasing remaining amount, is also directed to issue F.D slip to the claimants so that they can withdraw F.D amount on its maturity. The Bank/Post Office in which amount is kept in F.D is also directed to release F.D amount on maturity without insisting further orders from the Court.

No order as to costs.

MFA No. 11231/2011 (Arising out of MVC No. 1357/2010:

Injured claimant in this appeal is one Sugudan, Aged about 42 years. As per Ex. P. 13/discharge summary and Ex. P.17/wound certificate, he had sustained following injuries:

"Head injury, comminuted fracture of shaft of left femur and he was fixed with nail. Three lacerations 1 x 1 cm on the left cheek, chin and forehead."

Injuries sustained and treatment taken by the claimant are corroborated by the oral evidence of claimant and doctor who were examined as P.W. 2 and P.W. 5 respectively.

Considering nature of injuries sustained by claimant, a sum of Rs. 50,000/- is awarded towards pain and suffering as against Rs. 25,000/- awarded by the Tribunal. As Rs. 7,800/- awarded towards medical expenses is as per medical bills and prescriptions produced by the claimant, there is no scope for enhancement under this head. He was treated as in- patient at K.R. Hospital, Mysore. Considering the duration of treatment, a sum of Rs. 12,000/- is awarded towards incidental expenses such as conveyance, nourishment and attendant charges. Claimant claims to have been earning Rs. 200/- to Rs. 300/- per day by working as a Loader in a goods vehicle, but the same is not substantiated by adducing evidence. In the absence of proof of income, considering his age as 42 years, avocation as Daily Wager, his income can be safely fixed at Rs. 5,500/- p.m. Nature of injuries would suggest that he must have been under rest and treatment for a period of 4 months and therefore a sum of Rs. 22,500/- is awarded towards the loss of income during the laid up period. Considering the disability stated by the doctor and an amount of discomfort and unhappiness he has to undergo for the rest of his life a sum of Rs. 20,000/- is awarded towards loss of amenities. Multiplier applicable is 14. Disability stated by doctor to whole body is 9%. Thus, loss of future income works out to Rs. 5,500/- x 9% x 12 x 14 = 83,160/- and it is awarded.

Thus, claimant is entitled for compensation as under:

Accordingly, Appeal is allowed in part. Judgment and Award of the Tribunal is modified to the extent stated above. The claimant is entitled for an additional compensation of Rs. 1,02,300/- with interest at 6% p.a., from the date of claim petition till the date of realization.

The Insurer of offending vehicle is directed to deposit the same with interest within two months from the date of receipt of copy of this judgment.

From out of additional compensation of Rs. 1,02,300/-, 70% with proportionate interest to be invested in fixed deposit in any nationalized/schedule bank/post office in the name of Claimant for a period of three years with liberty to withdraw interest periodically. Remaining 30% of additional compensation amount with proportionate interest is to be released in favour of Claimant in equal proportion.

The Tribunal while releasing remaining amount, is also directed to issue F.D slip to the claimant so that he can withdraw F.D amount on its maturity. The Bank/Post Office in which amount is kept in F.D is also directed to release F.D amount on maturity without insisting further orders from the Court.

No orders as to costs.