S. Nethaji and Others vs Anand M. and Others

N.K. Patil, J—This appeal is by the claimants directed against the impugned judgment and award dated 3rd December 2014 passed in M.V.C. No. 5565/2013 on the file of the XVIII Additional Judge, Court of Small Causes and Member, Motor Accident Claims Tribunal-4, Bangalore (hereinafter referred to as ''Tribunal'' for short). The Tribunal by its impugned Judgment and Award, awarded a sum of Rs. 10,39,500/- with interest at the rate of 6% p.a. from the date of petition till the date of realisation on account of the death of the deceased N. Dinesh 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 of the claimants are that, the appellants 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 in the road traffic accident that occurred on 15.08.2013 at about 7.45 a.m. contending that the deceased was aged about 29 years, working as Sales Supervisor and only earning member in the family. On account of the untimely death of the deceased, the appellants/parents have suffered mental pain and agony and total loss of social and economic condition of the family and they are deprived to see the bright future of their son. Be that as it may, on a ill-fated day that on 15.08.2013 at about 7.45 a.m. the deceased met with a road traffic accident on account of rash and negligent driving by the driver of Tata Ace Vehicle bearing Regn. No. KA-16/B-667 driven by its driver and dashed against the motor cycle of the deceased as a result, he fell down and sustained severe/fatal injuries over the body and succumbed to the same. Further, he has contended that the said vehicle was insured by the insured/1st respondent - RC Owner with the Insurer/2nd Respondent and therefore, the 2nd respondent/Insurer is liable to indemnify the award amount. Taking all these aspects into consideration, they filed claim petition under Section 166 of the M.V. Act before the Tribunal, claiming compensation against the respondents.

The said matter had come up for consideration before the Tribunal. The Tribunal in turn after due consideration of the oral and documentary evidence and other material available on record, allowed the claim petition in part by awarding compensation of Rs. 10,39,500/- with interest at 6% p.a. from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants herein have presented this appeal seeking enhancement of compensation.

The learned Counsel appearing for the appellants Sri. R. Bhadrinath at the outset submitted that, the Tribunal has erred in not assessing the income of the deceased reasonably as the deceased was working as Sales Supervisor at M/s. Samruddi Distributors drawing salary of Rs. 19,000/- per month and therefore the same may be re-assessed reasonably. The accident occurred on 15.08.2013, the deceased was aged about 29 years at the time of accident and therefore, he submits that the impugned Judgment and award may be modified by awarding reasonable compensation towards loss of dependency and conventional heads.

As against this, the learned Counsel appearing for the 2nd respondent - insurer Sri. B. Pradeep inter-alia contended and sought to substantiate stating that the impugned Judgment and award passed by the Tribunal is after due consideration of entire oral and documentary evidence available on record and 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 are not in dispute. It is also not in dispute that the deceased was aged about 29 years, working as Sales Supervisor in a Private Company. Claimants are none other than the parents of the deceased. Having regard to the facts and circumstances of the case referred above, we can safely re-assess the income of the deceased at Rs. 10,000/- per month. Further, as the deceased was Bachelor if we deduct 50% towards personal expenses of the deceased, the remaining net income towards the contribution to the family by the deceased works out to Rs. 5,000/- per month. In the light of the judgments of Apex Court and this Court in host of judgments and the peculiar facts and circumstances of the case, the Tribunal has rightly applied the multiplier of ''17'' and the same is accepted. Accordingly, we re-determine the compensation towards loss of dependency at Rs. 10,20,000/- (Rs. 5,000/- x 12 x 17) and accordingly, awarded.

Having regard to the facts and circumstances of the case referred above, we deem fit to award Rs. 50,000/- towards love and affection at the rate of Rs. 25,000/- to each claimant, Rs. 25,000/- towards loss of estate, Rs. 25,000/- towards transportation and funeral expenses. In all, the claimants are entitled to a total compensation of Rs. 11,20,000/- as against Rs. 10,39,500/- awarded by the Tribunal. There would be enhancement of Rs. 80,500/-.

Further, it is the submission of the learned Counsel appearing for the appellants that since the accident has occurred on 15.08.2013, following the judgments of Apex Court and this Court, the interest at the rate of 9% p.a. to 10% p.a. may be awarded reasonably from the date of petition till realization on entire compensation amount.

Having regard to the facts and circumstances of the case and in the light of the decision of Apex Court and this Court in host of judgments, we deem fit to award interest at 9% p.a. from the date of petition till realization on the entire compensation amount.

In the light of the facts and circumstances referred above, the instant appeal filed by the appellants is allowed in part. The impugned Judgment and Award passed by the Tribunal dated 3rd December 2014 passed in M.V.C. No. 5565/2013 on the file of the XVIII Additional Judge, Court of Small Causes and Motor Accident Claims Tribunal-4, Bangalore is hereby modified awarding Rs. 80,500/- with interest at 9% p.a. on the entire compensation from the date of petition till payment in addition to the compensation awarded by the Tribunal.

The 2nd respondent - Insurer herein is directed to deposit the enhanced compensation amount of Rs. 80,500/- with interest at 9% p.a. on the entire compensation from the date of petition till realisation, within a period of three weeks from the date of receipt of copy of this judgment and award.

The amount deposited by the Insurer shall be released in favour of the appellant Nos. 1 and 2 in equal proportion, immediately.

Draw the award, accordingly.