Rathnamma Horakerangappa vs K. Hanumanthappa Siddappa

B. Manohar, J.—Appellants are the claimants, being not satisfied with the quantum of compensation awarded in the judgment and award dated 24-12-2010 made in MVC No.342/2008 passed by the Additional Motor Accident Claims Tribunal, Hiriyur (hereinafter referred to as "the Tribunal" for short) have filed this appeal seeking enhancement of compensation.

The appellants are the wife and daughter of the deceased Horakerangappa. They filed a claim petition contending that 29-5-2008 at about 10.00 a.m., while the deceased Horakerangappa along with another person was proceeding in front of Indian Bank, Hosadurga Town, at that time a Hero Honda Splendour bearing Registration No. KA-17/X-2055 ridden by its rider in a rash and negligent manner dashed against the deceased Horakerangappa from the backside. Due to the said impact, he fell down and sustained grievous injuries. Immediately after the accident, he was admitted to the Government Hospital at Hosadurga, thereafter on the advise of the doctor, he was shifted to Davanagere Hospital. However, he succumbed to injuries on the way to hospital. In the claim petition it was contended that at the time of death, the deceased was aged about 60 years, owning 16 acres of agricultural land : and earning Rs.10,000/- p.m. The family has lost the bread earner. Hence, they sought for compensation of Rs. 10,00,000/-.

The respondents entered appearance, however the insurance company alone filed written statement.

After trial, the Tribunal held that the accident occurred due to the actionable negligence on the part of rider of the affending Hero Honda splendour motorcycle and the claimants are wife and children of the deceased. Hence, they are entitled for compensation. With regard to quantum of compensation is concerned, the Tribunal taking the monthly income of the deceased at Rs.3,000/-, deduction ?rd towards his personal expenditure and applying the multiplier 5 considering the age of the deceased as 66 years as is evidenced from the Post-Mortem Report, awarded a sum of Rs. 1,20,000/- towards loss of dependency and a sum of Rs.40,000/- towards conventional heads. In all the Tribunal has awarded a sum of Rs. 1,60,000/- with interest at the rate of 6% p.a. Being not satisfied with the quantum of compensation awarded by the Tribunal, the claimants have preferred this appeal seeking enhancement of compensation.

I have carefully considered the arguments addressed by Sri. Madhukar Nadig, learned counsel appearing for the appellants and Sri. B. Pradeep, learned counsel appearing for Respondent No.2. Though the first respondent owner of the offending motorcycle was served with notice, he remained unrepresented.

Occurrence of the accident, death of Horakerangappa is not in dispute. Though the claimants have claimed that the deceased was earning Rs. 10,000/- p.m., by doing agriculture and produced the RTC in that regard, the Tribunal without considering the documents produced by the claimants had taken income of the deceased at Rs.3,000/- p.m., which is contrary to law. Even though the claimants have not produced any documents to substantiate the income, the Tribunal ought to have taken reasonable income while awarding compensation. The accident occurred in the year 2008. Hence, taking the monthly income of the deceased at Rs.5,000/-, deducting ?rd towards his personal expenditure and applying the multiplier 5 having regard to the age of the deceased as 66 years, the claimants are entitled to a sum of Rs.2,00,000/- towards loss of dependency. Further, the wife has lost the love and affection of her husband at the fag end of her life; Hence she is entitled to a sum of Rs.25,000/- towards loss of love and affection and further, the claimants are entitled to a sum of Rs.45,000/- towards conventional heads. In all, the claimants are entitled to compensation of Rs.2,70,000/- as against Rs. 1,60,000/- awarded by the Tribunal, with interest at the rate of 6% p.a. Accordingly, I pass the following:

ORDER

The appeal is allowed in part. The judgment and award dated 24-12-2010 made in MVC No.342/2008 passed by the Additional Motor Accident Claims Tribunal, Hiriyur is modified, the claimants are entitled to compensation of Rs.2,70,000/- as against Rs. 1,60,000/- awarded by the Tribunal, with interest at the rate of 6% p.a.