Shakunthala and Others vs Jayamma and Others

N.K. Patil, J.—1. Though this matter is posted for orders, the same is taken up for final disposal with the consent of the learned counsel appearing for both the parties.

This appeal by the claimants/appellants is directed against the impugned judgment and award dated 20/12/2013, passed in MVC No. 1069/2009, by the Senior Civil Judge and Presiding Officer and Additional Motor Accident Claims Tribunal-17, Gubbi, (hereinafter referred to as ''Tribunal'' for short), for enhancement of compensation.

The Tribunal, by its judgment and award has awarded a sum of Rs. 7,88,500/- under different heads with interest at 6% per annum from the date of petition till the date of realization, on account of the death of the deceased Sri. Ranganath, in the road traffic accident.

In brief, the facts of the case are:

"The appellant No. 1 is the wife, appellant Nos. 2 and 3 are sons and appellant No. 4 is the mother of the deceased. They have 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 4.8.2009 at about 9.30 p.m., when the deceased along with one Channigaramaiah was proceeding in a Hero Honda CD 100 bearing Reg. No. KA 06 K 5999 as a pillion rider, on NH 206 near Yellapura Gate towards Doddaguni village, at that time, driver of a lorry bearing Reg. No. KA-03-A-892 came from Doddaguni side, at a high speed and in a rash and negligent manner and dashed against the said motorbike. On account of which, he fell down and sustained fatal injuries and died at the spot. It is the further case of the appellants that, deceased was aged about 30 years at the time of accident, hale and healthy and by working as mason and earning Rs. 250/- per day and looking after the welfare of the family. He was the only earning member of the family and entire family was depending on his income."

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. 7,88,500/- under different heads with interest at 6% p.a., from the date of petition till the date of realization.

Not being satisfied with the compensation awarded by the Tribunal, the appellants have presented this appeal, for enhancement of compensation.

The submission of Sri. Shantharaj K., learned counsel appearing for the appellants at the outset is that, the Tribunal has erred in taking monthly income of the deceased at only Rs. 4,500/-. The deceased was working as a mason and looking after the welfare of the entire family. Due to his untimely death, appellants have suffered mental pain and agony. Therefore, he submitted the income of the deceased may be reassessed and reasonable compensation may be awarded towards loss of dependency. Further, he submits that the compensation awarded by the Tribunal towards conventional heads is also on the lower side and the same is liable to be enhanced reasonably. Therefore, he submitted that the impugned judgment and award passed by the Tribunal is liable to be modified.

Per contra, 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. It is passed after considering the oral and documentary evidence and interference by this Court is not called for.

After considering the submissions made by the learned counsel appearing for both the parties and on perusal of the material available on record, including the impugned judgment and award passed by the Tribunal, the only point that arises for consideration is:

"Whether the appellants are entitled for enhancement of compensation?"

We have gone through the grounds urged by the appellants in the memorandum of appeal and perused the impugned judgment and award passed by the Tribunal.

The occurrence of the accident and the resultant death of the deceased are not in dispute. It is the case of the appellants that deceased was aged about 30 years at the time of accident, hale and healthy prior to the accident and was working as a mason and looking after the welfare of the appellants. Appellants are none other than the wife, children and mother of the deceased. The Tribunal, has committed an error in assessing the income of the deceased as Rs. 4,500/- per month. Therefore, having regard to the age, avocation and year of accident, the income of the deceased is reassessed at Rs. 7,000/- per month. Out of which, if 1/4th ( Rs. 1,750/-) is deducted towards the personal expenses of the deceased, his remaining income comes to Rs. 5,250/- per month. The proper Multiplier applicable is ''17'' since deceased was aged about 30 years as rightly adopted by the Tribunal. Therefore, we re-determine the loss of dependency at Rs. 10,71,000/- ( Rs. 5,250/- x 12 x 17) and accordingly, it is awarded.

Having regard to the facts and circumstances of the case stated above, we deem it fit to award Rs. 1,00,000/- towards loss of consortium, Rs. 1,00,000/- towards loss of love and affection at the rate of Rs. 25,000/- to each of the appellant Nos. 1 to 4, Rs. 25,000/- towards loss of estate and Rs. 25,000/- towards funeral expenses and transportation charges. Thus, the appellants are entitled to the total compensation of Rs. 13,21,000/-.

Having regard to the facts and circumstances of the case, the appeal is allowed in part. The impugned judgment and award passed by the Tribunal dated 20/12/2013, passed in MVC No. 1069/2009, by the Senior Civil Judge and Presiding Officer and Additional Motor Accident Claims Tribunal-17, Gubbi, is hereby modified, awarding the compensation of Rs. 13,21,000/- as against Rs. 7,88,500/- awarded by the Tribunal. There will be an enhancement of Rs. 5,32,500/- with interest at 6% per annum from the date of petition till realization excluding interest for the delayed period of 659 days in filing the appeal.

The 2nd respondent-Insurer is directed to deposit the enhanced compensation of Rs. 5,32,500/- with interest at 6% p.a., from the date of petition till the date of realization excluding interest for the delayed period of 659 days in filing the appeal, within three weeks from the date of receipt of a copy of this judgment.

Out of the enhanced compensation of Rs. 5,32,500/-, a sum of Rs. 2,00,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled or Grameena Bank, in the name of the appellant for a period of 10 years and renewable by another 10 years, with liberty reserved to her to withdraw the periodical interest accrued on it.

A sum of Rs. 1,00,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled or Grameena Bank, in the name of the appellant No. 4 for a period of 05 years and renewable by another 05 years, with liberty reserved to her to withdraw the periodical interest accrued on it.

Remaining amount of Rs. 2,32,500/- with proportionate interest shall be released in favour of the appellant Nos. 1 and 4 in equal proportion.

Draw the award, accordingly.