Smt. Ambamma vs I. Obanna

Mr. B. Manohar, J.—Appellants are the claimants, being not satisfied with the quantum of compensation awarded in the judgment and award dated 23rd October 2010 made in MVC No. 329/2010 passed by the Motor Accident Claims Tribunal-II, Bellary (hereinafter referred to as ''the Tribunal'' for short) filed this appeal seeking enhancement of compensation.

Claimants are the mother-in-law and minor son of the deceased Anjaneya. In the claim petition, it was contended that on 2-2-2010, at about 3.30 p.m., while Anjaneya was travelling in a car bearing registration No. MH -AG989 along with one Chandrashekar Gouda and family members from Koppal to go to Nellore, a rear tyre of the said car got punctured. While the driver of the car was replacing the punctured tyre, an APSRTC bus driven by its driver in a rash and negligent manner dashed against the driver as well as Anjaneya. Due to that, Anjaneya sustained grievous injuries all over the body and died during the treatment. The specific case of the claimants is that, due to the rash and negligent driving of the APSRTC bus, the accident had occurred. The police had registered a case against the driver of the offending bus in Cr.No. 25/2010. At the time of death, the deceased was aged about 40 years and he was a driver by profession. Hence sought for compensation of Rs. 8,00,000/-

The respondents defended their case by filing the written statement. After trial, the Tribunal held that the accident had occurred due to actionable negligence on the part of the driver of the APSRTC bus bearing registration No. AP-28/Z-3308. The claimants are mother-in-law and the minor son of the deceased. Hence, they are entitled for compensation. The Tribunal taking the income of deceased at Rs. 5,000/- p.m., deducting ⅓rd towards his personal expenditure, applying the multiplier 15 as the deceased was aged about 40 years as on the date of accident, awarded compensation of Rs. 5,76,000/- towards loss of dependency and a sum of Rs. 35,000/- towards conventional heads. In all, the Tribunal has awarded a sum of Rs. 6,11,000/- with interest at the rate of 6% p.a. Being not satisfied with the quantum of compensation awarded by the Tribunal, the claimants are before this court, seeking enhancement of compensation.

Sri. Suresh P. Hudedagaddi, learned advocate appearing for the appellants contended that the deceased was a driver by profession. The accident occurred in the year 2010. The monthly income of Rs. 5,000/- taken by the Tribunal is lower side. Even though the claimants have not produced any documents regarding income of the deceased, it is his contention that the income of even the daily wage employees working in various Government Departments and the agricultural labourers would be more than Rs. 5,500/- p.m. The Tribunal ought to have taken the income of the deceased at Rs. 5,500/- p.m. while awarding compensation and hence sought for enhancement of compensation

On the other hand, Sri. N. Dinesh Rao, learned advocate appearing for the second respondent-APSRTC argued in support of the judgment and award passed by the Tribunal and sought for dismissal of the appeal.

Having heard the learned counsel appearing for the parties, the only point that arises for consideration in this appeal is that -

Whether the quantum of compensation awarded by the Tribunal is in accordance with law?

The specific case pleaded by the claimants is that the deceased was a driver by profession; they had produced the driving license to show that the deceased was a driver and that the income taken by the Tribunal is on the lower side. Hence, I am of the view that it would meet the ends of justice, if the income of the deceased is taken at Rs. 5,500/- p.m. After deducting ⅓rd towards his personal expenditure and applying the appropriate multiplier of 15, the claimants are entitled for a sum of Rs. 6,60,000/- towards loss of dependency. The minor son lost the love and affection of his father. Hence, he is entitled to a sum of Rs. 25,000/- towards loss of love and affection and I deem it appropriate to award a sum of Rs. 35,000/-towards conventional heads. In all, the claimants are entitled to compensation of Rs. 7,20,000/- towards loss of dependency as against Rs. 6,11,000/- awarded by the Tribunal with interest at 6% p.a. Accordingly, I pass the following:

ORDER

The appeal is allowed in part. The judgment and award dated 23-10-2010 made in MVC No. 320/2010 passed by the Motor Accident Claims Tribunal-II, Bellary is modified. The claimants are entitled to compensation of Rs. 7,20,000/- as against Rs. 6,11,000/- awarded by the Tribunal.

The apportionment of the compensation amount be made as per the order passed by the Tribunal.