AI Structured Summary
Not yet generated for this judgment
Judgment
N.K. Patil, J.—This appeal by the appellants-claimants is arising out of the impugned judgment and award dated 20/11/2012 passed in MVC No. 756/2011 by the I Additional Small Cause Judge and XVII ACMM and Motor Accident Claims Tribunal, Bangalore (SCCH-11), (hereinafter referred to as. ''Tribunal'' for short), for enhancement of compensation, on the ground that a sum of Rs. 4,80,000/- awarded by the Tribunal under different heads, with interest at 6% per annum against the claim of Rs. 50,00,000/-, on account of the death the deceased Sri. Siddesh Kumar, in the road traffic accident is inadequate. In brief, the facts of the case are:
The appellant Nos. 1 and 2 are the parents, appellant Nos. 3 to 5 are the sister and brothers of the deceased Sri. Siddesh Kumar. They filed a claim petition before the Tribunal u/s 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 19.9.2010 at about 6.45 a.m. when the deceased was proceeding on a bike bearing Reg. No. KA.06.V.3924 on Ring Road at Kesaramadu junction, Kyathasandra towards Shettihalli, Tumkur, at that time, the driver of the lorry bearing Reg. No. KA.25.C.6486 came in a rash and negligent manner in the same direction and dashed to his Motor cycle from its behind. Due to which, deceased sustained injuries on both thighs, stomach. Immediately, he was shifted to Tumkur Government Hospital and when they were shifting the deceased to Bangalore as per the directions of the Medical Officer, on the way near Hirehalli, he died at about 9.45 a.m.
It is the further case of the appellants that, deceased was aged about 27 years, hale and healthy prior to the accident and a B.Sc. graduate in E & C and working as a Team Leader and Co-ordinator in Hinduja Co. and earning Rs. 18,508/- per month. Due to his untimely death, appellant Nos. 1 and 2 have lost their son, who was their future hopes and security, apart from mental shock and agony and appellant Nos. 3 to 5 are deprived of the love and affection of their brother.
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. 4,80,000/- under different heads, with interest at 6% per annum from the date of petition till its realization.
Being dissatisfied 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. R1 served and represented and R2 is served, but unrepresented.
Learned counsel for the appellants submitted that, the Tribunal without any justification, without accepting the oral evidence of PWs 3 and 4 and documentary evidence at Ex. P18-Salary statement which shows that the gross salary of the deceased for the month of August 2010 is Rs. 18,508,25, has erred in assessing the income of the deceased at Rs. 4,000/- per month and the reasoning given by the Tribunal in para-12 of the judgment cannot be sustained and is liable to be modified by re-assessing just and reasonable income of the deceased. To substantiate his submission, he has produced Ex. P14-Income Tax Returns and submitted that, annual income of the deceased was Rs. 2,32,140.68 and out of which, if a sum of Rs. 18,019/- towards income tax and a sum of Rs. 2,400/- towards Professional Tax are deducted, the remaining annual income comes to Rs. 2,11,721.68 which is rounded off to Rs. 2,11,721/- and therefore, reasonable income of the deceased may be assessed. Therefore, he submitted that the impugned judgment and award is liable to be modified.
After hearing the learned counsel for the appellants and after perusing the materials available on record, 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 resultant death of the deceased are not in dispute. It is also not in dispute that deceased was aged about 27 years, hale and healthy prior to the accident, working as Team Leader in Hinduja Global Solution Limited and drawing the salary of Rs. 18,508,25 as per Ex. P18 for the month of August 2010. It is also not in dispute that, to prove the income of the deceased, appellants have examined PWs 3 and 4, the authorized officers/employee of the company. But the Tribunal has disbelieved the oral and documentary evidence adduced and produced by the appellants. Further, it could be seen from the records available on file that, deceased was an income tax assessee and he has filed his income tax returns as per Ex. P14 showing his annual income at Rs. 2,32,140.68. Therefore, having regard to the age, qualification of the deceased and the year of the accident and accepting the income tax returns filed by him, we re-assess the annual income of the deceased at Rs. 2,32,140/-. Out of which, if a sum of Rs. 18,019/- towards income tax and a sum of Rs. 2,400/- towards Professional Tax are deducted, his net annual income comes to Rs. 2,11,721/-. Out of which, if 50% ( Rs. 1,05,860/-) is deducted towards the personal expenses of the deceased since he was a bachelor, his remaining annual income comes to Rs. 1,05,861/-. The Tribunal has adopted Multiplier of ''16'' taking the age of the deceased and the same is liable to be modified. Taking the age of the younger parent of the deceased-mother who was 45 years, since the deceased was a bachelor, the proper multiplier applicable is ''14'' instead of ''16'' adopted by the Tribunal. Therefore, we redetermine the loss of dependency at Rs. 14,82,054/-( Rs. 1,05,861/- x 14) instead of Rs. 3,84,000/- awarded by the Tribunal and accordingly, it is awarded.
Having regard to the facts and circumstances of the case, we award a sum of Rs. 45,000/- towards conventional heads, such as, loss of love and affection, loss of estate and transportation and funeral expenses instead of Rs. 96,000/- awarded by the Tribunal. In all, the appellants are entitled to a total compensation of Rs. 15,27,054/- instead of Rs. 4,80,000/- awarded by the Tribunal. There would be an enhancement of Rs. 10,47,054/- with interest at 6% p.a., from the date of petition till its realization.
For the foregoing reasons, the appeal filed by the appellants is allowed in part and the impugned judgment and award dated 20/11/2012 passed in MVC No. 756/2011 by the I Additional Small Cause Judge and XVII ACMM and Motor Accident Claims Tribunal, Bangalore (SCCH-11), is hereby modified, awarding the compensation of Rs. 10,47,054/- with interest at 6% p.a., from the date of petition till its realization, in addition to the compensation awarded by the Tribunal.
The 2nd respondent-Insurer is directed to deposit the enhanced compensation of Rs. 10,47,054/- with interest at 6% 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 2nd respondent-Insurer, out of the enhanced compensation of Rs. 10,47,054/-, a sum of Rs. 5,00,000/- with proportionate interest shall be invested in Fixed Deposit, in the name of the appellant No. 1, in any Nationalized or Scheduled Bank, for a period of ten years and renewable by another ten years, with liberty reserved to her to withdraw the interest accrued on it, periodically.
A sum of Rs. 3,00,000/- with proportionate interest shall be invested in Fixed Deposit, in the name of the appellant No. 2, in any Nationalized or Scheduled Bank, for a period of ten years and renewable by another five years, with liberty reserved to her to withdraw the interest accrued on it, periodically.
A sum of Rs. 1,50,000/- with proportionate interest shall be invested in Fixed Deposit, in the name of the appellant No. 3, in any Nationalized or Scheduled Bank, for a period of ten years and renewable by another ten years, with liberty reserved to her to withdraw the interest accrued on it, periodically.
The remaining sum of Rs. 97,054/- with proportionate interest shall be released in favour of the appellant Nos. 1 and 2 in equal proportion, immediately.
Draw the award, accordingly.