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Judgment
B. Sreenivase Gowda, J.—This appeal is by the insurer of offending vehicle challenging the award of the Tribunal on the ground of quantum.
Heard. The appeal is admitted and with the consent of learned Counsel appearing for the parties, it is taken up for final disposal.
For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.
Brief facts of the case as pleaded in the claim petition are:
On 19.2.2008, when the deceased G Nagaraju was travelling in a Maruthi car from Magadi towards Savanadurga near Nayakanapalya gate, Magadi-Pamanagara road, the driver of the car drove the same in a rash and negligent manner and dashed against the electric pole and due to impact, he sustained injuries and died on the spot. His wife, minor children and parents filed a claim petition before the MACT, Bangalore, seeking compensation of Rs. . 8.00,000/-. The Tribunal by impugned judgment and award has awarded compensation of Rs. . 9,12.500/- with interest at 6% p.a.
As there is no dispute regarding death of the deceased in a road traffic, accident occurred due to rash and negligent driving of the offending vehicle and liability of the insurer of the offending vehicle, the only point that remains for my consideration in the appeal is:
Whether quantum of compensation awarded by the Tribunal is just and proper or does it call for reduction?
After hearing learned Counsel appearing for the parties and after perusal of the records, I am of the view that quantum of compensation awarded by the Tribunal is not just and reasonable, it is on the higher side and therefore it is to be reduced.
The deceased was aged about 40 years as evident from PAN Card at Exhibit.P13 and multiplier applicable to his age group is ''15''. The claimants in support of their version that the deceased was working as a tailor and was earning Rs. . 4,000/- from tailoring profession and he was also getting an income of Rs. . 5,000/- from architect work, have examined first claimant - wife of the deceased as PW.1 and have produced salary certificates at Exhibits.P9, P10, Study Certificates at Exhibits.P11, P12, PAN Card at Exhibit.P13 and life membership certificate at Exhibit.P18. The author of the salary certificates has not been examined.
Considering the age of the deceased as 40 years, year of accident as 2008 and profession as tailor and architect, his income is assessed at Rs. . 5,000/- as against Rs. . 6,000/- assessed by the Tribunal. Claimants are five in number, even excluding father of the deceased, there are four dependent claimants and therefore one-fourth of the income of the deceased should be deducted towards his personal expenses and three-fourth should be taken as his contribution to the family. Therefore, the loss of dependency works out to Rs. . 6,75,000/- [5.000 x 3/4 x 12 x 15] and it is awarded as against Rs. . 8,62,500/- awarded by the Tribunal.
Considering the claimants are wife, two minor children and parents, a sum of Rs. . 50,000/- awarded by the Tribunal under different conventional heads is just and proper and they do not require reduction.
Thus the claimants are entitled for the following compensation:
1)
Loss of dependency
Rs. . 6,75,000/-
2)
Loss of Consortium
Rs. . 5,000/-
3)
Loss of love and affection
Rs. .25,000/-
4)
Funeral and obsequies
Rs. . 10,000/-
5)
Loss of estate
Rs. . 5,000/-
6)
Transportation of dead body
Rs. . 5,000/-
TOTAL
Rs. .7.25.000/-
Accordingly, the appeal of the insurer is allowed in part. Judgment and award of the Tribunal is modified and compensation of Rs. . 9,12,500/- awarded by the Tribunal is reduced to Rs. . 7,25,000/-.
The Appellant - Insurance Co. is directed to deposit the compensation with interest at 6% p.a. from the date of claim petition till the date of its payment, within two months from the date of receipt of a copy of this judgment after deducting amount if any already deposited.
Out of the compensation amount, Rs. . 1,50,000/- with proportionate interest to be invested in the name of each of claimants 1 to 3 respectively and Rs. . 1,00,000/- in the name of claimant No. 4 and Rs. . 50,000/- in the name of claimant No. 5 in F.D. in any nationalized or scheduled Bank for a period of nine years in the case of claimant No. 1, till the date of attaining majority in the case of claimants Nos. 2 and 3, three years in the case of claimants Nos. 4 and 5 with a right of option for all of them to renew their deposits from time to time and withdraw the interest periodically. First claimant is permitted to withdraw interest from her deposit as well as deposits of her minor children to meet the expenses of her children and the remaining amount with proportionate interest is ordered to be released in favour of claimant No. 1.
The amount, in deposit is ordered to be transferred to the Tribunal for disbursement, in terms indicated hereinabove.
No order as to costs.