Smt. G. Rajeshwari vs K.B. Gangaraj and Others

N.K. Patil

This appeal by the claimants is directed against the common judgment and award dated 6th December 2008, passed in M.V.C. No. 1833/2006, by the Presiding Officer, Fast Track Court-II and Motor Accident Claims Tribunal, Shimoga, (for short, ''Tribunal'') for enhancement of compensation on the ground that, the compensation of Rs. 2,92,000/- awarded in favour of the claimants as against their claim for Rs. 8,35,000/-, is inadequate.

The facts in brief are that, the claimant No.1 is the wife and claimant No.2 is the minor daughter of deceased Krishna. They filed the claim petition u/s 166 of the Motor Vehicles Act, contending that, at; about 6:25 P.M. on 10-04-2003, when the deceased was riding the motor cycle, along with a pillion rider, he met with an accident, near Malligenahalli, Shimoga Taluk, on account of rash and negligent driving by the driver, of a KSRTC Bus, bearing registration No.KA-15/4184. Due to the impact:, the deceased sustained grievous injuries and he was immediately shifted to Hospital, but, unfortunately, he succumbed to the injuries on the same day.

It is the case of the appellants that, the deceased was aged about 23 years and was working as an agriculturist, earning a sum of Rs. 6,000/- per month and was hale and healthy prior to the accident. On account of the untimely death of the deceased Krishna, the first appellant has lost her life partner, the minor child has lost the love and affection, social and moral support and therefore, they have to be compensated reasonably.

On account of the death of the deceased, the appellants filed the claim petition before the Tribunal, seeking compensation against the respondents. The said claim petition had come up for consideration before the Tribunal on 6th December, 2008. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 2,92,000/- under different heads, with 6% interest per annum, from the date of petition till the date of payment. Being dissatisfied with the quantum of compensation awarded by the Tribunal the appellants are in appeal before this Court, seeking enhancement of compensation.

I have gone through the grounds urged in the memorandum of appeal and heard Shri. O. Mahesh, learned counsel appearing for third respondent/Insurer, for quite some time.

After hearing learned counsel for the Insurer, and after careful perusal of the judgment and award passed by the Tribunal, I am of the view that the Tribunal has erred in not assessing reasonable income of the deceased. The deceased was aged about 23 years and an agriculturist by profession and has two dependents to take care of. The accident is of the year 2003. Therefore, having regard to the age, avocation, number of dependents and also the year of accident, I

re-assess the income of the deceased at Rs. 3,000/- per month. Having regard to the number of dependents being two, I deduct 1/3rd towards personal expenses of the deceased. Accordingly, If 1/3rd (i.e. Rs. 1,000/-) is deducted from Rs. 3,000/- towards his personal expenses, the net income would be Rs. 2,000/- per month. Since the deceased was aged about 23 years, the proper multiplier applicable is ''18'' as per the decision of the Hon''ble Apex Court Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, ) as against ''17'' adopted by Tribunal. Thus, the compensation towards loss of dependency would work out to Rs. 4,32,000/- (i.e. Rs. 2,000/- x 12 x ''18'') as against Rs. 2,72,000/- awarded by Tribunal.

Further, the Tribunal has erred in awarding a sum of only Rs. 20,000/- towards conventional heads. The same is on the lower side. As per the decision of the Apex Court in Sarla Verma''s case (supra), I award a sum of Rs. 45,000/- towards conventional heads, such as loss of consortium, loss of estate, loss of love and affection and transportation and funeral expenses as against Rs. 20,000/- awarded by Tribunal.

Thus, the total compensation would come to Rs. 4,77,000/- as against Rs. 2,92,000/- awarded by Tribunal, with interest at 6% per annum, from the date of petition till the date of realization.

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 common judgment and award dated 6th December 2008, passed in M.V.C. No. 1833/2006, by the Presiding Officer. Fast Track Court-II and Motor Accident Claims Tribunal. Shimoga, is hereby modified, awarding a sum of Rs. 1,85,000/-, with interest at 6% per annum, from the date of petition till the date of realization, in addition to the compensation awarded by Tribunal.

The third respondent /Insurer is directed to deposit the enhanced compensation of Rs. 1,85,000/-, with interest thereon at 6% per annum, within three weeks from the date of receipt: of copy of the judgment and award.

Immediately on such deposit by the Insurer, a sum of Rs. 75,000/- with proportionate interest shall be deposited in the name of the second appellant- daughter of deceased, in Fixed Deposit, in any scheduled/Nationalized Bank, till she attains the age of majority, with liberty reserved to the first appellant --mother to withdraw the periodical interest, for the welfare of the second appellant.

A sum of Rs. 50,000/- with proportionate interest shall be deposited in the name of the first appellant-wife of deceased, in Fixed Deposit, in any scheduled/Nationalized Bank, for a period of five years, renewable by another ten years, with liberty reserved to her to withdraw the periodical interest.

Remaining sum of Rs. 60,000/- with proportionate interest shall be released in favour of the first appellant, immediately.

Office to draw award, accordingly.