Shivaram and Others vs Salauddin Sayed Ali and Others

P.D. Waingankar, J.—This appeal by the claimants is questioning the quantum of compensation awarded in MVC No. 1077/2012 on the file of the MACT, Bijapur by judgment and award dated 25.02.2014. With the consent of learned counsel for the parties, this appeal is taken up for final disposal.

One Pandu alias Pandurang aged about 30 years died in a motor vehicle accident that occurred on 17.04.2011. His father, wife and a minor son aged about 2 years filed a claim petition under Section 166 of the MV Act. It was contested by the insurer of the offending vehicle. It came up for consideration before the tribunal. The tribunal by taking the income of the deceased at Rs. 4,500/- per month, deducting 1/3rd towards the personal and living expenses of the deceased and by applying the multiplier ''17'', determined the compensation towards loss of dependency at Rs. 6,12,000/-. In addition to that the tribunal has awarded a compensation of Rs. 76,500/- under conventional heads. Aggrieved by the quantum of compensation awarded by the tribunal this appeal is preferred.

I have heard both counsels appearing for the appellants-claimants and the respondent - Insurance Company. Perused the records.

There is no dispute between the parties as to the age of the deceased taken by the tribunal. Similarly there is no dispute as to the deduction made by the tribunal. The only dispute between the parties is as to the income taken by the tribunal. The tribunal has taken the income at the rate of Rs. 4,500/- per month. I am inclined to take his income at the rate of Rs. 6,000/- per month. Since the accident is of the year 2011. If 1/3rd is deducted, the total loss of dependency comes to Rs. 8,16,000/- (Rs. 4,000 x 12 x 17).

The tribunal has awarded a sum of Rs. 30,000/- towards loss of consortium including loss of estate. The fact remains that the claimant No. 2 lost her husband at her young age of 22 years. As such, it would be in the interest of justice to award a sum of Rs. 50,000/- towards loss of consortium. An amount of Rs. 30,000/- awarded by the tribunal towards loss of love and affection is just and proper. Similarly the amount of Rs. 15,000/- awarded towards transportation of dead body and funeral expenses is also just and reasonable. The claimants are entitled for a sum of Rs. 20,000/- towards loss of estate. The amount of Rs. 1,500/- awarded towards medical expenses is just and proper. So, the appellants-claimants are entitled to a total compensation under various heads as under:

Thus, the claimants have been awarded a total compensation of Rs. 9,32,500/- as against Rs. 6,90,000/- awarded by the Tribunal. There shall be an enhancement of Rs. 2,42,500/-. Accordingly, I pass the following:

The appeal is partly allowed. The judgment and award dated 25.02.2014 in MVC No. 1077/2012 on the file of the MACT, Bijapur stands modified. The appellants-claimants have been granted enhanced compensation of Rs. 2,42,500/- over and above the compensation awarded by the tribunal together with 6% interest thereon from the date of petition till the date of realization.

The second respondent - Insurance Company is directed to deposit the enhanced compensation amount together with interest within a period of two months from the date of receipt of copy of the order.

The apportionment and investment shall be as ordered by the tribunal.

Sri S.S. Aspalli., Advocate for respondent No. 2 is permitted to file vakalath within a period of four weeks from the date of this order.