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Judgment
N.K. Patil, J.—This appeal by the appellants-claimants is directed against the impugned judgment and award dated 28/02/2011 passed in MVC No. 1932/2010, by the Presiding Officer, Fast Track Court, Hunsur, (hereinafter referred to as ''Tribunal'' for short), for enhancement of compensation. The Tribunal by its judgment and award has awarded a sum of Rs. 4,14,000/- under different heads with interest at 6% per annum from the date of petition till the date of realization, as against the claim of the appellants for a sum of Rs. 20,55,000/-, on account of the death the deceased Sri. Venkatesha Bovi @ Venkatesha, 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 the minor children and appellant No. 4 is the mother of the deceased Sri. Venkatesha Bovi @ Venkatesha. They filed a claim petition before the Tribunal u/s 166 of M.V. Act, claiming compensation against the respondents, on account of the death of the deceased in the road traffic accident, contending that, on 13.7.2010 at about 10.20 a.m. deceased was travelling in Passenger Tempo bearing Reg. No. KA.09.5181 and when the said Tempo came near Vaddarapalya gate towards H.D. Kote, the driver of the said Tempo drove the same in a rash and negligent manner and when he came near the land of Mohamad Saheb on Mysore-Manandavadi road, he lost control over the tempo and due to which, tempo capsized to the left side of the road and caused the accident. As a result, deceased sustained grievous injuries and he died due to the injuries at the spot.
It is the further case of the appellants that, deceased was aged about 30 years, hale and healthy prior to the accident and doing agriculture, milk vending and masonry work and earning not less than Rs. 10,000/- per month and looking after the welfare of the family by contributing his entire earnings to the family and he was the sole earning member in the family. Due to his untimely death, appellants have suffered financial loss as they have lost their bread earner, 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. 4,14,000/- under different heads with interest at 6% p.a., from the date of petition till the date of realization.
Being dissatisfied with the quantum of 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 appearing for the appellants, at the outset is that, the income of the deceased assessed by the Tribunal at Rs. 3,000/- per month is on lower side and it needs to be enhanced, on the ground that, deceased was aged about 30 years, doing agriculture, milk vending and masonry work and earning Rs. 10,000/- per month and he was the only earning member in the family and therefore, his income may be reassessed between 6 to 8 thousand per month and 1/4th should be deducted towards personal expenses instead of 1/3rd and the appropriate multiplier applicable is ''17'' instead of ''16'' adopted by the Tribunal Further, he submits that, the compensation awarded by the Tribunal towards conventional heads is on lower side and it needs to be enhanced. Further, he submits that since the accident was of the year 2010, the rate of interest awarded by the Tribunal at 6% p.a. is on lower side and the same may be enhanced to 8% p.a.. Therefore, he submitted that the impugned judgment and award is liable to be modified by awarding reasonable compensation towards loss of dependency and towards conventional heads.
As against this, learned counsel appearing for the Insurer, inter-alia, contended and substantiated that the impugned judgment and award passed by the Tribunal is just and proper 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 the parties and after careful perusal of the material available on record at threadbare, including the impugned judgment and award passed by the Tribunal, the only point that arises for our consideration is:
Whether the compensation awarded by the Tribunal is just and reasonable?
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 30 years, hale and healthy prior to the accident, doing agriculture, milk vending and masonary work and the dependants are his wife, two minor children and mother. 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 it needs to be enhanced. Having regard to the age and occupation of the deceased and the year of accident, we re-assess his income at Rs. 6,000/- per month instead of Rs. 3,000/- per month as assessed by the Tribunal. Out of which, if 1/4th ( Rs. 1,500/-) is deducted towards the personal and living expenses of the deceased, his net income comes to Rs. 4,500/- per month. The proper multiplier applicable is ''17'' since the deceased was aged about 30 years instead of ''16'' Therefore, we re-determine the loss of dependency at Rs. 9,18,000/- instead of Rs. 3,84,000/- as 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. 9,63,000/- instead of Rs. 4,14,000/- awarded by the Tribunal. There would be an enhancement of Rs. 5,49,000/- with interest at 8% p.a., from the date of petition till its realization. For the foregoing reasons, the appeal filed by the appellants is allowed in part. The impugned common judgment and award dated 28/02/2011 passed in MVC No. 1932/2010, by the Presiding Officer, Fast Track Court, Hunsur, is hereby modified, awarding a sum of Rs. 5,49,000/- with interest at 8% p.a., on the enhanced compensation from the date of petition till its realization, in addition to the compensation awarded by the Tribunal.
The 2nd respondent-Insurer is directed to deposit the enhanced compensation of Rs. 5,49,000/- with interest at 8% 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. 5,49,000/-, a sum of Rs. 2,00,000/- 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 ten years, with liberty reserved to her to withdraw the interest accrued on it, periodically.
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 names of each of the appellant Nos. 2 and 3, till they attain 30 years, with liberty reserved to the appellant No. 1 to withdraw the interest accrued on it, periodically, for the welfare of appellant Nos. 2 and 3 till they attain 21 years and from 22 years to 30 years, they are at liberty to withdraw the interest accrued on it periodically.
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. 4 for a period of five 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. 49,000/- with proportionate interest shall be released in favour of the appellant Nos. 1 and 4 in equal proportion immediately.
Draw the award, accordingly.