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Judgment
N.K. Patil, J.—Admit.
Though, this matter is in (sic) a list, it is taken up for final disposal with consent of learned Counsel for both parties.
This is a claimant''s appeal directed against the impugned judgment and award dated 12th October. 2004 passed in MVC No. 2883/1999 on the file of the Motor Accident-Claims Tribunal (SCCH-2). Bangalore, (tribunal for short) by which the Tribunal has awarded a compensation of Rs. 1,56.000/- with interest at the rate of 7% per annum on account: of the death of deceased T.C. Manjunath in the road traffic accident. Being aggrieved by the quantum of compensation awarded by the Tribunal the appellant has presented this appeal. seeking enhancement of compensation.
The brief facts of the case are:
The appellant is none other than the mother of the deceased T.C. Manjunath, who died in the road traffic accident that occurred on 04.06.1999 at about 505 p.m. when the deceased was proceeding in a car bearing registration No. CAO/8163 from Chikkaballapur towards Bagepalli near Harobande gate at that time a KSRTC bus came from the opposite direction in a rash and negligent manner and dashed against the car. On account of the said accident the deceased sustained grievous injuries and he succumbed to the same on the spot. He was hale and healthy prior to the accident. He was the only bread manner in the family On account of the premature death of deceased, the appellant has lost her livelihood It is the further case of the appellant that at the time of accident her son was aged about 20 years and he was earning an income of Rs. 2,500/ per month.
The appellant had died a claim petition u/s 166 of Motor Vehicle Act, 1988, (for short ''the Act'') against the respondent Insurance Company claiming a compensation of Rs. 4.65.000/, on account of death of her son in the road traffic accident.
The said claim petition had come up before the Tribunal on 12th October 2004. The Tribunal on assessment of oral and documentary evidence and other material available on file, taking into consideration age and avocation of the deceased, assessed the income of the deceased at Rs. 1500/- per month and after deducting 50% of the same towards his personal and living expenditure awarded a sum of Rs. 1.26.000/ [Rs. 750/ � 12 � 14] towards loss of dependency and also awarded a sum of Rs. 30,000 under conventional heads. Accordingly the Tribunal has allowed the claim petition in part by awarding total compensation of Rs. 1,56,000/- with interest at the rate of 7% p.a. from the date of petition till the date of deposit.
The appellant being dissatisfied with the quantum of compensation awarded by the Tribunal, has presented this appeal seeking enhancement of compensation.
We have heard the learned Counsel for appellant and learned Counsel for 3rd respondent/Insurance Company.
On careful perusal of the material on record and impugned Judgment & award. it emerges that the Tribunal has comminuted error in taking the income of the deceased at Rs. 1500/- per month which is on the lower side. The accident had occurred on 04.06.1999. The deceased was aged about 20 years as on that date. The claimant is the mother of the deceased. She has lost her son at an younger age. He was the only bread earner of the family. Taking into consideration the age and occupation of the deceased, we can safely assess the income deceased at Rs. 2400/ per month Out of which if 50% of the same is deducted towards personal and living expenditure of the deceased the net income comes to Rs. 1200/- per month. The mother of deceased was aged about 40 years and the appropriate multiplier would be 15 in view of the judgment of Supreme Court in Sarla Verma v. Delhi Transport Corporation reported in 2009 ACJ 1293. On predetermination of the compensation inwards loss of dependency. we award a sum of Rs. 2,16,000/- [Rs. 1200/ � 12 � 15] as against Rs 1,26,000/ awarded by the Tribunal.
The compensation of Rs. 30.000/- awarded by the Tribunal under conventional heads is just and reasonable Hence it does not'' call or interference.
In the light of the facts and circumstances as stated above the appeal is allowed in part. The impugned Judgment and award passed on 12th October 2004 by the Tribunal in MVC 2883./1999 is hereby modified and the break up is as under:
(i) Loss of dependency Rs. 2.16 000/- Rs. 1200 � 12 � 15]
(ii) Loss of estate Rs.10.000/- (iii) Loss of love and affection Rs. 5.000/-
(iv) Funeral expenses & Rs. 15,000/- Transportation charges ---------------- TOTAL : Rs. 2,46,000/- ---------------- 12. Thus the appellant is entitled to total compensation of Rs. 2.46.000/- as against the compensation of Rs. 1.56,000/- awarded by the Tribunal with interest an 6% p.a. from the date of petition till the date of realisation.
The 3rd respondent/Insurance Company is directed to deposit the enhanced compensation of Rs. 90.000/- with accured interest at 6% p.a., within a period of four weeks from the date of receipt of copy of the judgment and award.
On such deposit by the Insurance company out of the enhanced compensation of Rs. 90,000/ a sum of Rs. 50,000/- with proportionate interest shall be kept in Fixed Deposit in the name of the appellant in any Nationalised or Scheduled bank for a period of five years renewable five year with permission for appellant to withdraw the accrued interest periodically.
The remaining amount of Rs. 40.000/- with proportionate interest shall be released in favour oF appellant immediately.
Office is directed to draw the award accordingly.