Rekha and Others vs Krishnamurthy and Others

N.K. Patil, J.—This appeal is by the claimants directed against the impugned judgment and award dated 22nd February 2013 passed in M.V.C. No. 583/2009 on the file of the Principal Senior Civil Judge and Member, M.A.C.T., Ramanagar (hereinafter referred to as ''Tribunal'' for short). The Tribunal by its impugned Judgment and Award, awarded a sum of Rs. 4,72,000/- with interest at the rate of 6% p.a. from the date of petition till the date of realization on account of the death of late Sri. P.M. Kumar in the road traffic accident. The claimants have filed this appeal on the ground that the quantum of compensation awarded by the Tribunal is inadequate and requires enhancement.

The brief facts of the case on hand are that, the appellant No. 1 is the wife, appellant No. 2 is minor daughter and appellant Nos. 3 and 4 are parents of the deceased. They have filed a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation against the respondents on account of untimely death of the deceased P.M. Kumar in the road traffic accident contending that the deceased was the only earning member of the family, aged about 25 years and an Electrician by profession and he used to spend the entire amount earned by him towards the welfare of the family. Be that as it may, that on 26.07.2009 at about 6.15 p.m. when he was proceeding on his motorcycle bearing No. KA-42/E-3985 from his village to Hejjala on Bangalore - Mysore Road in front of Saraswathi Farm by observing all traffic rules slowly and cautiously, a Maruthi Omni Car bearing No. KA-03/B-9387 driven by its driver came in a rash and negligent manner with high speed and dashed against the deceased from behind. Due to the impact, the deceased fell down and sustained fatal injuries and succumbed to the same. On account of untimely death of the deceased in the road traffic accident, wife has lost her companion at the young age of 21 years, minor daughter aged about 6 years has lost love and affection, inspiration and guidance of father and parents aged about 45 years and 50 years respectively have suffered mental agony and pain. There is a total financial loss to the family and the entire family is under financial distress. The parents of the deceased have been deprived to see the bright future of their only son. Taking all these aspects into consideration, they filed a claim petition under Section 166 of the M.V. Act against the respondents before the Tribunal.

The said matter had come up for consideration before the Tribunal. The Tribunal in turn after due appreciation of the oral and documentary evidence, took the income of the deceased at Rs. 3,000/- p.m. and deducted 1/3rd towards personal expenses of the deceased and by applying the multiplier ''18'' has allowed the same in part by awarding a sum of Rs. 4,72,000/- with interest at 6% p.a. from the date of petition till realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants herein necessitated to present this appeal seeking enhancement of compensation.

It is the submission of the learned Counsel appearing for the appellants at the outset that, the Tribunal has erred in assessing the income of the deceased at only Rs. 3,000/- per month as the deceased was aged about 25 years working as an Electrician and the entire family was depending upon the income of the deceased and he was the only bread earner of the family. The accident occurred on 26.07.2009, therefore, the income of the deceased may be re-assessed reasonably and award reasonable compensation towards loss of dependency and also under the conventional heads by modifying the impugned Judgment and Award passed by the Tribunal.

As against this, the learned Counsel appearing for the 2nd respondent - insurer, inter-alia contended and sought to substantiate stating that the impugned Judgment and award passed by the Tribunal is after due consideration of oral and documentary evidence available on record. Therefore, interference by this Court is not called for.

After careful consideration of the submission of the learned Counsel appearing for both the parties and after perusal of the impugned judgment and award passed by the Tribunal, the only point that arises for consideration is:

"Whether the quantum of compensation awarded by the Tribunal is just and reasonable?"

The occurrence of the accident and the resultant death of the deceased in the road traffic accident that occurred on 26.7.2009 are not in dispute. It is also not in dispute that the deceased was aged about 25 years, Electrician by profession and the claimants/appellants are none other than wife, minor daughter and parents of the deceased and wife has lost her companion at the young age of 21 years, minor daughter has lost love and affection, inspiration and guidance and parents have suffered mental agony and pain.

Taking all these aspects into consideration and having regard to the age, avocation of the deceased and year of accident, we can safely re-assess the income of the deceased at Rs. 6,000/- per month to meet the ends of justice. Out of which, if we deduct 1/4th towards his personal expenses i.e. Rs. 1,500/- per month, the remaining net income towards the contribution on the part of the deceased to the family would be Rs. 4,500/- per month. The deceased was aged about 25 years, the appropriate multiplier applicable is ''18''. Accordingly, we re-determine the compensation towards loss of dependency at Rs. 9,72,000/- (Rs. 4,500/- x 12 x 18), and accordingly it is awarded.

Having regard to the facts and circumstances stated supra and in the light of the judgments of the Apex Court and this Court in host of judgments, we deem it fit to award Rs. 50,000/- towards loss of consortium, Rs. 1,00,000/- towards loss of love and affection at the rate of Rs. 25,000/- each, Rs. 25,000/- towards loss of estate and Rs. 25,000/- towards transportation and funeral expenses. In all, the appellants/claimants are entitled to a total compensation of Rs. 11,72,000/- as against Rs. 4,72,000/- awarded by the Tribunal. There would be enhancement of Rs. 7,00,000/- with interest at the rate of 6% p.a. from the date of petition till realisation.

Having regard to the facts and circumstances of the case referred above, the instant appeal filed by the appellants is allowed in part. The impugned Judgment and Award passed by the Tribunal dated 22nd February 2013 passed in M.V.C. No. 583/2009 on the file of the Principal Senior Civil Judge and Member, M.A.C.T., Ramanagar is hereby modified awarding Rs. 7,00,000/- with interest at 6% p.a. from the date of petition till realization in addition to the compensation awarded by the Tribunal.

The 2nd respondent - Insurer herein is directed to deposit the enhanced compensation amount with interest at 6% p.a. from the date of petition till realization, within a period of three weeks from the date of receipt of copy of this judgment and award.

Out of the enhanced compensation of Rs. 7,00,000/-, Rs. 2,00,000/- with proportionate interest shall be invested in Fixed Deposit in the name of the appellant No. 1 - wife of the deceased in any Nationalized or Scheduled or Grameena Bank, for a period of 15 years and renewable for 10 years and she is entitled to withdraw the periodical interest accrued on it.

A sum of Rs. 2,00,000/- with proportionate interest shall be invested in Fixed Deposit in the name of the appellant No. 2 -minor daughter of the deceased in any Nationalized or Scheduled or Grameena Bank till she attains the age of 30 years and the 1st appellant is entitled to withdraw the periodical interest accrued on it for the welfare of the appellant No. 2 till she attains the age of 21 years. From 22 years to 30 years the appellant No. 2 is entitled to withdraw the periodical interest accrued on it.

A sum of Rs. 1,00,000/- each with proportionate interest shall be invested in Fixed Deposit in the name of the appellant Nos. 3 and 4 - parents of the deceased in any Nationalized or Scheduled or Grameena Bank, for a period of 5 years and renewable for 5 years and they are entitled to withdraw the periodical interest accrued on it.

Remaining sum of Rs. 1,00,000/- with proportionate interest shall be released in favour of the appellant Nos. 1, 3 and 4, in equal proportion, immediately on deposit by the 2nd respondent - Insurer.

Draw the award, accordingly.