Sharanamma vs Chennayya Swami

A.S. Pachhapure, J.—Though the matter is listed for admission, with the consent of learned counsel for both the parties, it is taken up for final hearing and is being disposed of by this judgment.

The appellants dissatisfied with the quantum of compensation granted by the tribunal for the death of Sayappa, in a motor vehicle accident, ''have filed this appeal, seeking enhancement.

The facts reveal that on 07.11.2007, the deceased (Sayappa) was travelling in a jeep, at that time a tractor bearing registration No. KA-33/T-5289/5290 driven in a rash and negligent manner, came from the opposite direction and hit the jeep. Thereby, the deceased sustained severe injuries and died on the spot. His wife and children made a claim for compensation towards loss of dependency and other conventional heads.

The tribunal having held that the driver of the tractor was rash and negligent in driving the vehicle, granted a sum of Rs. 4,13,000/- as compensation on all the heads. Dissatisfied with the award of compensation, the present is filed.

Heard learned counsel for both the parties.

Learned counsel for appellants submit that the compensation awarded is on the lower side and the income has to be taken at Rs. 4,000/- per month.

On the other hand, learned counsel for respondent insurer supports the judgment and award and submits that the tribunal has granted reasonable compensation.

The deceased (Sayappa) was 45 years old at the time of the accident. He was working as an agriculturist. The tribunal has considered his income at Rs. 3,000/- per month. Taking into consideration the year of the accident, the income of the labours is accepted by the parties in the Lok Adalat would be Rs. 3,750/- per month. Accepting Rs. 3,750/- income per month and deducting 1/3rd towards personal expenses of the deceased, the compensation towards loss of dependency would be (3750-1/3rdx12x14)=Rs. 4,20,000/-. Deducting a sum of Rs. 3,78,000/- awarded by the tribunal, the appellants are entitled to a sum of Rs. 42,000/- towards loss of dependency.

The wife of the deceased was 40 years old at the time of the accident. She has children and there are no chances of her remarriage. Therefore, an additional sum of Rs. 30,000/- is awarded towards loss of consortium. Further a sum of Rs. 20,000/-would be payable towards loss of love and affection. The tribunal has awarded only Rs. 5,000/- towards funeral expenses hence, an additional sum of Rs. 10,000/- is awarded on this head. Thus, the appellants are entitled to total compensation as follows:

Thus, the appellants are entitled for a sum of Rs. 1,02,000/- with interest at 6% per annum.

In the circumstances, the appeal is allowed in part. The appellants are entitled to compensation of Rs. 1,02,000/- with interest at 9% per annum from the date petition till its payment in addition to the amount awarded by the tribunal. The formula adopted by the tribunal for payment to each of the appellants shall be followed.