Rathnamma and Others vs Mahadveswamy and Others

N.K. Patil, J.—Though this matter is posted today for orders, with the consent of learned counsel appearing for both the parties, the same is taken on record.

This appeal by the appellants-claimants is directed against the impugned judgment and award dated 05/12/2014, passed in MVC No. 98/2013, by the Senior Civil Judge & JMFC & Motor Accident Claims Tribunal, Nanjangud, (hereinafter referred to as ''Tribunal'' for short), for enhancement of compensation, on the ground that, a sum of Rs. 4,36,000/- awarded by the Tribunal under different heads with interest at 9% per annum from the date of petition till its deposit, as against the claim Rs. 40,80,000/-, on account of the death of the deceased Sri Rajanna, in the road traffic accident is inadequate.

In brief, the facts of the case are:

The appellants are the wife and children 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 31.8.2013 at 2.00 p.m. deceased went to Suthur on his LML Freedom Motor cycle bearing Reg. No. KA.09.EA.2924 and when he was returning on the way near Suthur-Beligere village Main road to reach his Kalgundha village, at that time, the driver of Eicher (DCM-Toyota Canter) bearing Reg. No. KA.09.5049 drove the same in a rash and negligent manner and dashed to the deceased from backside. Due to which, deceased fell down and sustained grievous injuries to his head and other parts of the body and succumbed to the same on the spot itself.

It is the further case of the appellants that, deceased was aged about 55 years, hale and healthy prior to the accident and an agriculturist by profession, owning lands 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, wife has lost her husband and children are deprived the love and affection, guidance and security of their father and also they 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. 4,36,000/- under different heads with interest at 9% p.a., from the date of petition till its deposit and directed the 3rd respondent to deposit the award amount.

Being dis-satisfied with the quantum of compensation awarded by the Tribunal, the appellants have presented this appeal, for enhancement of compensation.

We have heard the learned counsel appearing for the appellants and learned counsel for 3rd respondent.

The submission of the learned counsel Smt. B.N. Manjula, for Sri R.C. Nagaraj, appearing for the appellants, at the outset is that, the income of the deceased assessed by the Tribunal at Rs. 4,500/- per month is on the lower side and is liable to be enhanced, on the ground that, deceased was aged about 55 years, agriculturist by profession, owning agricultural lands and earning Rs. 25,000/- per month and therefore, his income may be reassessed reasonably at Rs. 7,000/- to Rs. 7,500/- per month, after deducting 1/3rd towards personal and living expenses and applying multiplier of ''11'', reasonable compensation may be awarded towards loss of dependency. Further, she submits that, the compensation awarded by the Tribunal towards conventional heads is on the lower side and is liable to be enhanced reasonably in the light of the judgment of the Apex Court and this Court. Therefore, she submitted that the impugned judgment and award is liable to be modified.

As against this, learned counsel Sri M. Narayanappa, appearing for 3rd respondent-Insurer, inter-alia, contended and substantiated 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 and assessing the income of the deceased at Rs. 4,500/- per month taking into consideration that the dependants are his wife and major children and therefore, it does not call for interference.

After hearing the learned counsel appearing for the parties and after careful perusal of the material available on record at threadbare, 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?

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 55 years, hale and healthy prior to the accident, agriculturist and the dependants are his wife and children. The Tribunal has assessed the income of the deceased at Rs. 4,500/- per month, which is on the lower side and it needs to be enhanced. Having regard to the age and occupation of the deceased, number of dependants and the year of accident, we re-assess his income at Rs. 5,500/- per month instead of Rs. 4,500/- per month as assessed by the Tribunal to meet the ends of justice. Out of which, if 1/3rd ( Rs. 2,166/-) is deducted towards the personal and living expenses of the deceased as rightly done by the Tribunal, his net contribution to the family comes to Rs. 4,334/- per month. The appropriate multiplier applicable is ''11'' as rightly adopted by the Tribunal since deceased was aged about 55 years. Therefore, we re-determine the loss of dependency at Rs. 5,72,088/- ( Rs. 4,334/- x 12 x 11) instead of Rs. 3,96,000/- awarded by the Tribunal and accordingly, it is awarded.

Having regard to the facts and circumstances of the case and in the light of the judgments of the Apex Court and this Court, we deem it fit to award a sum of Rs. 1,00,000/- towards loss of consortium, Rs. 75,000/- towards loss of love and affection at the rate of Rs. 25,000/- to the each of the appellant Nos. 1 to 3, Rs. 25,000/- towards loss of estate and Rs. 25,000/- towards transportation and funeral expenses. In all, the appellants are entitled to a total compensation of Rs. 7,97,088/- instead of Rs. 4,36,000/- as awarded by the Tribunal. There would be an enhancement of Rs. 3,61,088/- with interest at 9% p.a., from the date of petition till its realization.

For the foregoing reasons, the appeal filed by the appellants is allowed in part. The impugned judgment and award dated 05/12/2014, passed in MVC No. 98/2013, by the Senior Civil Judge & JMFC & Motor Accident Claims Tribunal, Nanjangud, is hereby modified, awarding a sum of Rs. 3,61,088/- with interest at 9% p.a., from the date of petition till its realization, in addition to the compensation awarded by the Tribunal.

The 3rd respondent-the Oriental Insurance Co., Ltd., is directed to deposit the enhanced compensation of Rs. 3,61,088/- with interest at 9% 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 such deposit by the 3rd respondent, out of the enhanced compensation of Rs. 3,61,088/-, a sum of Rs. 3,00,000/- with proportionate interest shall be invested in the Fixed Deposit in the name of appellant No. 1, wife of the deceased, in any Nationalized or Scheduled or Grameena Bank, for a period of 10 years, renewable by another 05 years, with liberty reserved to her to withdraw the interest accrued on it, periodically.

Remaining sum of Rs. 61,088/- with proportionate interest shall be released in favour of appellant No. 1 immediately.

Draw the award accordingly.