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Judgment
N.K. Patil, J.—This appeal by the appellants-claimants is directed against the impugned judgment and award dated 06/12/2010 passed in MVC No. 8/2010, by the II Additional District Judge and Motor Accident Claims Tribunal-II, Davangere, (hereinafter referred to as '' Tribunal'' for short), for enhancement of compensation. The Tribunal by its judgment and award has awarded a sum of Rs. 1,56,000/- under different heads with interest at 6% per annum from the date of petition till the date of deposit, as against the claim of the appellants for a sum of Rs. 28,30,000/-, on account of the death the deceased Sri. B. Chinnappa, 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 major sons and appellant No. 4 is the father of the deceased Sri. B. Chinnappa. They filed a claim petition before the Tribunal u/s 166 of M.V. Act, claiming compensation on account of the death of the deceased in the road traffic accident, contending that, on 31.10.2009 at about 5.30 p.m, deceased along with his relatives was returning from Udupi after attending marriage of their friend Mr. Srinivas in their Maxi Cab bearing No. KA. 16.7949, when they came near Nallur village after Agumbe towards Thirthahalli, deceased came near the door for vomiting, at that time, the driver of the said vehicle drove the same in a rash and negligent manner, due to which, the door of the said vehicle was suddenly opened, deceased fell to the road from the vehicle and sustained severe injuries all over his body. Immediately, he has been brought to JC Hospital at Thirthahalli, where he succumbed to the injuries.
It is the further case of the appellants that, deceased was aged about 63 years, hale and healthy prior to the accident, he was an agriculturist and also doing puffed rice business and earning Rs. 15,000/- per month from business and also having yearly income of Rs. 1,00,000/- from agriculture and they are entirely depending on him. Due to his untimely death, appellants have lost their bread earner and they suffered both financial and social insecurity, apart from mental shock and agony.
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. 1,56,000/- under different heads with interest at 6% p.a., from the date of petition till the date of deposit.
Being dissatisfied with the compensation awarded by the Tribunal, the appellants have presented this appeal, for enhancement of compensation.
We have heard the learned counsel appearing for the appellants and learned counsel for second respondent-Insurance Company.
The submission of the learned counsel for appellants is that, deceased was aged about 63 years, he was an agriculturist and also doing business in puffed rice and only earning member of the family and the accident had occurred in the year 2009 and therefore, the income of the deceased assessed by the Tribunal at Rs. 3,000/- per month is on lower side and it may be modified, by assessing his income reasonably. Further, he submits that the compensation awarded by the Tribunal towards conventional head is on lower side and is liable to be modified. Therefore, he submitted that the impugned judgment and award passed by the Tribunal is liable to be modified.
As against this, learned counsel for Insurer, inter-alia, contended and substantiated that the impugned judgment and award passed by the Tribunal is just and reasonable and after due appreciation of the oral and documentary evidence available on file and therefore, it does not call for interference.
After hearing the learned counsel appearing for appellants and after careful perusal of the material available on record at threadbare, including the impugned judgment and award passed by the Tribunal, it emerges that, the occurrence of the accident and the resultant death of the deceased are not in dispute. Further, it is not in dispute that deceased was aged about 63 years, he was an agriculturist and also doing business in puffed rice and hale and healthy prior to the accident and dependants are his wife, children and father. Further, it emerges that, the Tribunal has assessed the income of the deceased at Rs. 3,000/- per month, which is on lower side and therefore, it needs to be modified. It is the case of the appellants that deceased was earning Rs. 15,000/- per month from his business and Rs. 1,00,000/- per annum from agriculture. But the appellants have not produced any documents to prove the same. Having regard to the age and occupation of the deceased and since the accident was occurred in the year 2009, we re-assess his income at Rs. 4,500/- per month. Out of which, if 1/3rd ( Rs. 1,500/-) is deducted towards the personal expenses of the deceased since appellant Nos. 2 and 3 are major sons and dependants are only wife and father, his net income comes to Rs. 3,000/- per month. The appropriate Multiplier applicable to the case in hand is ''7'' as rightly adopted by the Tribunal and we accept the same. Therefore, we re-determine the loss of dependency at Rs. 2,52,000/- ( Rs. 3,000/- x 12 x 7) instead of Rs. 1,26,000/- awarded by the Tribunal and accordingly, it is awarded.
Having regard to the facts and circumstances of the case, we award a sum of Rs. 45,000/- towards conventional heads, such as, loss of consortium, loss of love and affection, loss of estate and transportation and funeral expenses instead of Rs. 30,000/- awarded by the Tribunal. In all, the appellants are entitled to a total compensation of Rs. 2,97,000/- instead of Rs. 1,56,000/-. There would be an enhancement of Rs. 1,41,000/- with interest at 6% p.a., from the date of petition till its realization. For the foregoing reasons, the appeal filed by the appellants is allowed in part and the impugned judgment and award dated 06/12/2010 passed in MVC No. 8/2010, by the II Additional District Judge and Motor Accident Claims Tribunal-II, Davangere, is hereby modified, awarding the compensation of Rs. 1,41,000/- with interest at 6% p.a., from the date of petition till its realization, in addition to the compensation awarded by the Tribunal.
The Insurer is directed to deposit the enhanced compensation of Rs. 1,41,000/- with interest at 6% p.a., from the date of petition till the date of realization, within a period of three weeks from the date of receipt of a copy of this judgment.
Immediately on deposit by the Insurer, out of the enhanced compensation of Rs. 1,41,000/-, a sum of Rs. 1,00,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank, in the name of appellant No. 1 for a period of ten years and renewable by another five years, with liberty reserved to her to withdraw the interest accrued on it, periodically.
The remaining sum of Rs. 41,000/-, with proportionate interest shall be released in favour of the appellant Nos. 1 and 4 in equal proportion.
Draw the award, accordingly.