Sangeetraj and Others vs Suresh M. and Others

S. Abdul Nazeer, J.—This appeal by the claimants is directed against the judgment and award dated 14.03.2012 in M.V.C. No. 169/2011 on the file of Senior Civil Judge, M.A.C.T., Gangavathi.

The appellant/claimants are the parents of one Babukumar who died in a motor vehicle accident which had occurred on 27.03.2011. According to the claimants, the deceased was aged 21 years at the time of accident and earning more than Rs. 10,000/- per month. He was a B.Com graduate and also a Diploma holder in Computers. The Court below has taken his income only at Rs. 3,300/- per month for the purpose of assessment of loss of dependency. It is argued that the Court below has not awarded appropriate compensation under other heads.

On the other hand, learned counsel appearing for the respondent/insurance company has sought to justify the impugned judgment and award.

We have carefully considered the arguments of the learned counsel for the parties and perused the records.

There is no dispute as to the occurrence of accident and the liability of the respondent/insurance company to pay the compensation.

It is the case of the claimants that their son Babukumar was a B.Com Graduate and also a Diploma holder in Computers. He was earning more than Rs. 10,000/- per month. The fact that the deceased was a B.Com Graduate and a Diploma holder is not in dispute. However, the claimants have not produced any materials to show that he was working as an Auditor and was earning Rs. 10,000/- per month. Having regard to the fact that the deceased was a B.Com Graduate and a Diploma holder in Computers, it is reasonable to hold that he was earning Rs. 8,000/- per month at the time of accident. The multiplier applicable to the case is 18 having regard to the decision of the Apex Court in the case of Munna Lal Jain and Others Vs. Vipin Kumar Sharma and Others . 50% of the income has to be deducted towards the personal expenses of the deceased, as he was a bachelor. By taking the income of the deceased at Rs. 8,000/- per month, after deducting 50% of the income towards personal expenses and application of multiplier 18, the compensation payable to the claimants comes to Rs. 8,64,000/- towards loss of dependency.

Claimants are also entitled for a sum of Rs. 50,000/- towards loss of love and affection and a sum of Rs. 25,000/- towards funeral and other expenses. Thus, the total compensation payable to the claimants comes to Rs. 9,39,000/-. The Court below has awarded a sum of Rs. 2,48,800/- which has to be deducted from the aforesaid amount. The balance amount payable to the claimants comes to Rs. 6,90,200/-. The said sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit excluding 551 days in terms of the order passed by this Court on 04.11.2015.

In the result, the appeal succeeds and accordingly allowed in part.

"(i) The respondent/insurance company is directed to deposit the enhanced compensation of Rs. 6,90,200/- with interest at 6% per annum from the date of petition till the date of deposit excluding the interest for 551 days.

(ii) The deposit as above shall be made within a period of eight weeks from the date of receipt of a copy of this order.

(iii) Out of the aforesaid deposit, a sum of Rs. 2,00,000/- each shall be kept in the name of the claimants in any Nationalised Bank for a period of three years. They are entitled to withdraw half-yearly interest. Balance of the compensation shall be released in their favour in equal proportion. No costs."