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Judgment
N.K. Patil, J.—Admit.
Being aggrieved by the impugned judgment and award dated: 19.10.2004 passed in MVC No. 543/2001 on the file of the Member, Motor Accidents Claims Tribunal. Court of Small Causes, Mayo Hall Unit, Bangalore, (for short ''Tribunal''), appellants have presented this appeal seeking just and reasonable compensation for the death of their son Sri Rajkumar @ Govind, on account of the injuries sustained by him in the motor vehicle accident.
The brief facts of the case are:
Appellants herein claim to be the parents of the deceased Sri Rajkumar @ Govind. That on 5.1.2001, at about 1.40 p.m. when the deceased was proceeding on a cycle, a lorry bearing No. MEG 7102 driven by its driver in a rash and negligent manner came and dashed against the the deceased. On account of the same, the deceased fell down, sustained injuries and succumbed to the same on the way to the hospital.
On account of the death of the deceased, the appellants filed the claim petition before the Tribunal seeking compensation in a sum of Rs. 5,00,000/- against the respondents-Insurer and the owner of the offending vehicle. The said claim petition had come up for consideration before the Tribunal on 19.10.2004. The Tribunal, after assessing the oral and documentary evidence and other relevant material on file, allowed the claim petition in part awarding Rs. 1 22,800/- with interest at 6% p.a. from the date of petition till deposit
We have heard the learned Counsel appearing for appellants and learned Counsel for Insurance Company for considerable length of time.
After careful perusal of the judgment and award and after evaluation of the original records available on file, what emerges is that the income of the deceased assessed by the Tribunal at Rs. 1,200/- p.m. is on the lower side. It is not in dispute that the deceased was a bachelor, aged about 21 years, working as a Cable Operator in Balaji Cable Satellite Centre as on the date of accident. The accident occurred in the year 2001. Therefore, we can safely re-assess the income of the deceased at Rs. 2,400/- p.m. Out of the said sum, if 50% is deducted towards his personal expenses, the net income comes to Rs. 1,200/- p.m. In view of the decision of the Apex Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, . the appropriate multiplier applicable is ''15'' having regard to the age of the mother being 35 years. Accordingly, the ''loss of dependency'' works out to Rs. 2,16,000/- (i.e., Rs. 1,200/- x 12 months x 15 multiplier) as against Rs. 1,00,800/- awarded by the Tribunal.
Further. the Tribunal is not justified in awarding compensation towards conventional heads. Therefore, Having regard to the facts and circumstances of the case, we deem it fit to award a sum of Rs. 10,000/- towards ''loss of love and affection'', Rs. 20,000/- towards ''loss of estate'' and Rs. 10,000/- towards transportation of dead body and funeral expenses. In all, the appellants are entitled to Rs. 40,000/- towards conventional heads.
In the light of the facts and circumstances of the case, as stated above, the appeal filed by the appellants is allowed in part. The impugned judgment and award dated: 19.10.2004 passed in MVC No. 543/2001 on the file of the Member. Motor Accidents Claims Tribunal. Court of Small Causes. Mayo Hall Unit. Bangalore, is hereby modified, awarding a sum of Rs. 2,56,000/- as against Rs. 1,22,800/- awarded by the Tribunal. The enhanced compensation of Rs. 1,33,200/- shall cany interest at 6% per annum from the date of petition till the date of realization (excluding the delayed period of 218 days).
The Insurance Company is directed to deposit the enhanced compensation of Rs. 1,33,200/- with interest thereon at 6% per annum (excluding the interest for the delayed period of 218 days), within four weeks from the date of receipt of copy of the judgment and award.
Out of the enhanced compensation of Rs. 1,33,200/-. Rs. 50,000/- with proportionate interest shall be kept in Fixed deposit in any Nationalised or Scheduled Bank in the name of each of the appellant Nos. 1 and 2 with liberty to them to withdraw the accrued interest periodically.
The remaining compensation of Rs. 33,200/- with proportionate interest shall be released in favour of appellant Nos. 1 and 2 immediately on deposit of the amount by the Insurance Company.
Office to draw award, accordingly.