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Judgment
N.K. Patil, J.—Though this matter is posted for orders, the same is taken for final disposal with the consent of learned counsel for both the parties. This appeal by the claimants is directed against the impugned judgment and award dated 18.1.2011 passed in MVC No. 513/2009 on the file of the XIII Additional Small Causes Judge, MACT, Bangalore (SCCH-15).
The Tribunal by its impugned judgment and award has awarded a sum of Rs. 3,42,000/- with 6% p.a. from the date of petition till its realization, on account of the death of deceased Chandan G Naik in the road traffic accident.
The claimants on the ground that the quantum of compensation awarded by the Tribunal is inadequate and it requires enhancement, have presented this appeal.
The brief facts of the case on hand are, appellants being the parents of the deceased have filed the claim petition u/s 166 of the MV Act claiming compensation of Rs. 30,00,000/- against the respondents on account of untimely death of the deceased Chandan G Naik in the road traffic accident that occurred on 18.1.2008. When he was traveling in Hyundai Accent car bearing registration No. KA-04-MA-3348 from Murudeshwar to Goa, when he reached near Chitoor Cross, NH-17, due to the rash and negligent driving by the driver of the car, he lost control over the car and dashed to the left side of the road, due to which, car toppled down and the deceased sustained grievous injuries and he succumbed to the injuries on the way to the hospital. Further it is contended that deceased was the only son and he had a very bright academic career and he stood distinction and got admission in the PES Institute of Technology, Bangalore and has joined B.E. in Computer Science. Due to his untimely death, they have suffered mental agony and shock and are deprived of seeing the bright future of their only son. Taking all these aspects into consideration, they have filed the claim petition. The said matter had come up before the Tribunal for consideration. The Tribunal after hearing both sides and after appreciating the oral and documentary evidence on record, has allowed the claim petition in part awarding Rs. 3,42,000/- under different heads with 6% interest from the date of petition in part till its realization. Being dissatisfied with the impugned judgment and award passed, the appellants/claimants have filed this appeal seeking enhancement of compensation.
It is the submission of the learned counsel for the appellants at the outset that the Tribunal has erred in assessing income of the deceased at Rs. 4,000/- per month which is on the lower side. To substantiate his argument, he has pointed out that the deceased was bright and was in 5th semester of B.E. Computer Science Course at PES Institute of Technology. The accident has occurred on 18.1.2008 and as such, his income ought to have been taken at Rs. 8,000-10,000/- per month and after deducting 50% and taking the age of the younger parent i.e., mother, by applying the appropriate multiplier, ought to have awarded reasonable compensation towards loss of dependency. Further, it is submitted that the Tribunal has also erred in not awarding reasonable amount towards conventional heads. Accordingly, sought for modifying the impugned judgment and award.
As against this, learned counsel appearing for the 1st respondent-Insurer inter alia contended that substantial amount has been awarded by the Tribunal, after due consideration of the oral, documentary and other evidence on record and that the Tribunal is justified in taking the income of the deceased at Rs. 4,000/- per month since he was aged 21 years prosecuting 5th semester of B.E. Computer Science. Therefore, interference is not called for.
After careful consideration of the submissions of learned counsel for both the parties and after perusal of the impugned judgment and award the only point that would arise for consideration is:
Whether the quantum of compensation awarded by the Tribunal is just and reasonable?
The occurrence of the accident resulting in death of the deceased in the road traffic accident is not in dispute. Further, it is not in dispute that the claimants are none other than the parents of the deceased. It is also not in dispute that deceased was aged 21 years at the time of accident and was in 5th semester Computer Science B.E. in PES college. He was hale and healthy prior to the accident. Taking these relevant aspects into consideration, it is reasonable to assess the income of the deceased at Rs. 6,000/- per month to meet the ends of justice, out of which, if 50% is deducted towards personal expenses since he was a bachelor, the net income would be Rs. 3,000/- per month. Taking the age of the younger parent i.e., the mother who was aged 47 years at the time of accident, the appropriate multiplier would be 13. Accordingly, we re-determine the loss of dependency at Rs. 4,68,000/- (Rs. 3000 x 12 x ''13''). Accordingly, it is awarded.
Further, it is reasonable to award Rs. 50,000/- towards conventional heads like loss of love and affection, loss of estate, transportation expenses etc, Thus in all, claimants would be entitled to Rs. 5,18,000/- as against Rs. 3,42,000/- i.e., there would be enhancement of Rs. 1,76,000/- with interest at 6% p.a. from the date of petition till its realization. In the light of the above facts and circumstances, appeal is allowed. The impugned judgment and award dated 18.1.2011 passed in MVC No. 513/2009 on the file of MACT, Court of Small Causes, Bangalore is hereby modified awarding Rs. 1,76,000/- with 6% interest from the date of petition till its realization.
The 1st respondent-Insurer is directed to deposit the enhanced compensation with interest excluding interest for the period of delay of 239 days in filing the appeal, within a period of three weeks from the date of receipt of the copy of the judgment.
Out of the enhanced compensation, Rs. 1,00,000/- with proportionate interest shall be invested in the name of the appellant No. 2 for a period of 10 years renewable for another 10 years in any of the nationalized or scheduled bank and she is entitled to withdraw the interest periodically.
Remaining Rs. 76,000/- with proportionate interest shall be released in favour of appellants Nos. 1 and 2 in equal proportion immediately after deposit by the 1st respondent-Insurer.
Draw the award accordingly.