Sarvar Banu and Others vs Samsuddin and Others

N.K. Patil, J.—This appeal by the appellants-claimants is directed against the impugned judgment and award dated 10/07/2013, passed in MVC No. 774/2011, by the Principal District Judge and Member, Motor Accident Claims Tribunal-1, Hassan, (hereinafter referred to as '' Tribunal'' for short), for enhancement of compensation., on the ground that, a sum of Rs. 4,57,000/- awarded by the Tribunal under different heads with interest at 9% per annum from the date of petition till realization, as against the claim of Rs. 20,00,000/-, on account of the death of the deceased Sri. Saddam Pasha, in the road traffic accident is inadequate.

In brief, the facts of the case are:

"The appellants are the parents of the deceased. They filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondents, on account of the death of the deceased in the road traffic accident, contending that, on 1.3.2011 at about 12.30 p.m deceased and his friend Habeebulla were travelling in a motorcycle bearing No. KA.13.R.7438 towards Mattighatta village, near Tank Bund, near Eshwara Temple, at that time, the driver of the Maruthi Omni bearing Reg. No. KA.03.M.3548 came in a rash and negligent manner and dashed against the bike. Due to which, he fell down and sustained head injury and other injuries al over the body. Immediately, he was taken to Mangala Hospital, Hassan and then he was shifted to Vikram JEEV hospital, Mysore and then to Mangala Hospital Hassan, where he succumbed to the injuries on 12.3.2011 at abut 1.30 a.m." 3. It is the further case of the appellants that, deceased was aged about 25 years, hale and healthy prior to the accident and working as Coolie and also doing business and earning Rs. 15,000/- per month and looking after the welfare of the family by contributing his entire earnings to the family. Due to his untimely death, appellants have suffered financial loss as they have lost their bread earner, apart from mental shock and agony.

The said claim petition had come up for consideration before the Tribunal. The Tribunal, after appreciating the oral and documentary evidence and other material available on file, has allowed the claim petition in part and awarded the compensation of Rs. 4,57,000/- under different heads with interest at 9% p.a., from the date of petition till realization.

Being dis- satisfied with the quantum of compensation awarded by the Tribunal, the appellants have presented this appeal, for enhancement of compensation.

We have heard the learned counsel appearing for the appellants and learned counsel for Insurer.

The submission of the learned counsel appearing for the appellants, at the outset is that, the Tribunal has erred in not assessing the income of the deceased reasonably and what is assessed is on the lower side and is liable to be re-assessed, on the ground that, deceased was aged about 25 years, working as coolie and also doing business, the only earning member in the family and the appellants are his parents and the accident had occurred in the year 2011. Therefore, she submitted that the income of the deceased may be re-assessed at Rs. 6,000/- to Rs. 6,500/- per month and after deducting 50% towards his personal and living expenses and applying Multiplier taking the age of the younger parent, mother, reasonable compensation may be awarded towards loss of dependency. Further, she submits that, the compensation awarded by the Tribunal towards conventional heads is on the lower side and is liable to be enhanced. Therefore, she submitted that the impugned judgment and award is liable to be modified by awarding reasonable compensation towards loss of dependency and towards conventional heads..

As against this, learned counsel appearing for the Insurer, inter-alia, contended and substantiated that the impugned judgment and award passed by the Tribunal is just and proper and after due appreciation of the oral and documentary evidence available on file and therefore, it does not call for interference.

After hearing the learned counsel appearing for both the parties and after careful perusal of the material available on record at threadbare, including the impugned judgment and award passed by the Tribunal, the only point that arises for our consideration is:

"Whether the compensation awarded by the Tribunal is just and reasonable?" 10. The occurrence of the accident and the resultant death of the deceased are not in dispute. Further, it is not in dispute that deceased was aged about 25 years, hale and healthy prior to the accident, working as coolie and also doing business, the dependants are his parents. However, the income of the deceased assessed by the Tribunal at Rs. 3,000/- per month is on the lower side and it needs to be enhanced. It is the case of the appellants that, deceased was aged about 25 years, doing coolie and also doing business and looking after the welfare of the family by contributing the entire earnings and on account of his untimely death, the appellants have suffered financial distress apart from mental shock and agony. Having regard to the age and occupation of the deceased, year of the accident and dependants are his parents, we re-assess his income at Rs. 6,000/- per month instead of Rs. 3,000/- per month as assessed by the Tribunal. Out of which, if 50% ( Rs. 3,000/-) is deducted towards the personal and living expenses of the deceased since he was a bachelor, his net income comes to Rs. 3,000/- per month. The proper multiplier applicable is ''14'' taking the age of the younger parent, mother of the deceased as 41 years as rightly adopted by the Tribunal and we accept the same. Therefore, we re-determine the loss of dependency at Rs. 5,04,000/- ( Rs. 3,000/- x 12 x 14) instead of ( Rs. 2,52,000/- as awarded by the Tribunal and accordingly, it is awarded.

Having regard to the facts and circumstances of the case, we award a sum of Rs. 20,000/- towards loss of love and affection at the rate of Rs. 10,000/- each to the appellant Nos. 1 and 2, Rs. 25,000/- towards loss of estate and Rs. 25,000/- towards transportation and funeral expenses.

However, a sum of Rs. 1,70,000/- awarded by the Tribunal towards medical expenses on the basis of the medical bills produced by the appellants is just and reasonable and therefore, interference by this Court is not called for.

In all, the appellants are entitled to the total compensation of Rs. 7,44,000/- instead of Rs. 4,57,000/- awarded by the Tribunal. There would be an enhancement of Rs. 2,87,000/- with interest at 9% p.a., from the date of petition till its realization.

For the foregoing reasons, the appeal filed by the appellants is allowed in part. The impugned judgment and award dated 10/07/2013, passed in MVC No. 774/2011, by the Principal District Judge and Member, Motor Accident Claims Tribunal-1, Hassan, is hereby modified, awarding a sum of Rs. 2,87,000/- with interest at 9% p.a., from the date of petition till its realization, in addition to the compensation awarded by the Tribunal.

The 2nd respondent-Insurer is directed to deposit the enhanced compensation of Rs. 2,87,000/- with interest at 9% p.a., from the date of petition till the date of realization, within a period of three weeks from the date of receipt of a copy of this judgment.

Immediately on deposit by the Insurer, out of the enhanced compensation of Rs. 2,87,000/-, a sum of Rs. 1,00,000/- with proportionate interest shall be invested in the names of each of the appellant Nos. 1 and 2 in any Nationalized or Scheduled or Grameena Bank, for a period of 10 years and renewable by another 5 years, with liberty reserved to them to withdraw the interest accrued on it, periodically.

The remaining sum of Rs. 87,000/- with proportionate interest shall be released in favour of appellant Nos. 1 and 2 in equal proportion immediately.

Draw the award, accordingly.