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Judgment
N.K. Patil, J.—Admit.
Being aggrieved by the impugned judgment and award dated 16.10.2004 in MVC No. 3830/2002 on the file of the XI Additional Judge. Member, MACT. Court of Small Causes. Bangalore. SCCH No. 12. (for short ''Tribunal''), appellants have presented this appeal seeking just and reasonable compensation for the death of Sri O.P. Pandia. on account of the injuries sustained by him in the motor vehicle accident.
The brief facts of the case are that:
The first appellant is the wife, the second and third appellants are the minor children of deceased O.P. Pandia. They have filed claim petition u/s 166 of the M.V. Act claiming compensation against the respondents on account of death of deceased O.P. Pandia on 9.3.2002 when the deceased was travelling in a motor cycle bearing No. KA 03/Y 6094 as a pillion rider. The said motorcycle was driven by its rider in a rash and negligent manner without observing the traffic rules. When they were proceeding on Kunalahalli main road, suddenly a dog came near the motor cycle and as a result the rider of the motor cycle lost control and fell down and the deceased was thrown from the motor cycle and on account of the injuries sustained to his vital parts of the body, he succumbed to the injuries. It is the case of appellants that the deceased was aged about 43 years, working as Executive Accountant, getting monthly income of Rs. 10,401/-. Hence, they were constrained to file claim petition before the Tribunal. The Tribunal in turn after assessing oral and documentary evidence and other materials available on file, allowed the petition in part awarding compensation of Rs. 3,39,000/- with interest at 6% p.a. from the date of petition till the date of deposit.
We have heard learned Counsel for appellants and learned Counsel for Insurance Company for considerable length of time.
After hearing learned Counsel for the parties, after careful perusal of the judgment and award passed by the Tribunal and after evaluation of the original records available on file, what emerges is that the income of the deceased taken by the Tribunal is on the lower side. It is not in dispute that the deceased died on account of the injuries sustained in the accident. He was working as Executive Accountant in Bhoruka Gases Limited and earning gross salary of Rs. 10,401/-per month. The accident occurred in the year 2002. Therefore, we re-assess Rs. 5.000/- p.m. as the income of the deceased to meet the ends of justice. Out of the said sum, 1/3rd is to be deducted towards the personal expenses of the deceased, since the deceased has left behind him, three dependents. Accordingly, after deducting 1/3rd from Rs. 5,000/-, the net income comes to Rs. 3,334/- per month. The deceased was aged about 43 years and hence, the proper multiplier is ''14'' in the light of the judgment rendered by the Apex Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, . Accordingly, the loss of dependency works out to Rs. 5,60,112/- (i.e. Rs. 3334/- x 12 months x ''14'' multiplier) as against Rs. 3,12,000/- awarded by Tribunal.
Further, the Tribunal also erred in not awarding any compensation towards ''loss of love and affection'' and the compensation awarded under the head funeral expenses is inadequate. Therefore, having regard to the facts and circumstances of the case, we award a sum of Rs. 10,000/- towards loss of love and affection and Rs. 10,000/- towards transportation of dead body and funeral expenses.
However, a sum of Rs. 4,000/- towards medical expenses. Rs. 10,000/- towards loss of consortium, Rs. 10,000/- towards loss of expectancy, is just and reasonable and does not call for interference.
In the light of the facts and circumstances of the case, as stated above, the appeal filed by appellants is allowed in part. The impugned judgment and award dated 16 10.2004 in MVC No. 3830/2002 on the file of the XI Additional Judge. Member. MACT. Court of Small Causes. Bangalore. SCCH No. 12. is hereby modified, awarding a sum of Rs. 6,04,112/-as against Rs. 3,39,000/- awarded by the Tribunal. The enhanced compensation of Rs. 2,65,112/- shall carry interest at 6% per annum from the date of petition till the date of realization (excluding the delayed period of 215 days). The break-up is as follows:
Towards Loss of Dependency Rs. 5,60,112/- Towards Loss of love and affection Rs. 10,000/- Towards loss of consortium Rs. 10,000/- Towards Loss of estate Rs. 10,000/- Towards transportation of dead body and funeral expenses Rs. 10,000/- Towards medical expenses Rs. 4,000/- Total Rs. 6,04,112/-
The Insurance Company is directed to deposit the enhanced compensation of Rs. 2,65,112/-, with interest thereon at 6% per annum (excluding the interest for the delayed period of 215 days), within four weeks from the date of receipt of copy of the judgment and award.
Out of the enhanced compensation of Rs. 2,65,112/-, a sum of Rs. 2,00,000/- with proportionate interest shall be kept in Fixed deposit in any Nationalised or Scheduled Bank in the name of appellant No. 1 with permission to her to withdraw the accrued interest, periodically.
The remaining compensation of Rs. 65,112/- with proportionate interest shall be released in favour of all the appellants in equal proportion, immediately on deposit of the amount by the respondent-Insurance Company.
Office to draw award, accordingly.