AI Structured Summary
Not yet generated for this judgment
Judgment
N.K. Patil, J.—This appeal is by the claimants against the common judgment and award dated 14.07.2010 passed in MVC No. 280/2009 on the file of the XVI Addl. Judge, Motor Vehicles Accident Claims Tribunal, Bangalore City (SCCH-14). The Tribunal by its impugned judgment and award has awarded a sum of Rs. 4,40,000/- with interest at 6% p.a. from the date of petition till its realization, on account of the death of deceased Ramachandrappa in the road traffic accident. The claimants on the ground that the quantum of compensation awarded by the Tribunal is inadequate and it requires enhancement, have presented this appeal.
The brief facts of the case on hand are, appellant No. 1 is the mother and appellants 2 and 3 are the children of the deceased Ramachandrappa. They have filed the claim petition u/s 166 of the MV Act claiming compensation of Rs. 20,00,000/- on account of death of the deceased in the road traffic accident that occurred on 1.12.2008 at about 9.00 a.m. Due to the rash and negligent driving by the driver of the offending vehicle bearing registration. No. KA-03/AA-1239, the deceased sustained grievous injuries and thereafter, succumbed to the injuries during treatment on the next day at about 7.00 a.m. It is contended that the deceased was the only earning member of the family. He was aged 59 years and was an agriculturist cum vegetable vendor and also Proprietor of Maruthi Bricks Factory earning Rs. 30,000/- per month. He was hale and healthy prior to the accident. Due to the untimely death of the deceased in the road traffic accident, they have suffered pain and agony and the children have lost love and affection, inspiration, guidance. During the pendency of the appeal, the mother also has died. It has also affected the social and economic condition of the family severely. The matter had come up before the Tribunal for consideration. The Tribunal after hearing both sides and after due consideration of the oral and documentary evidence on record by taking the income of the deceased at Rs. 5,000/- per month and after deducting 1/3rd towards personal expenses and applying the appropriate multiplier of 9, has awarded a total compensation of Rs. 4,40,000/- towards loss of dependency and conventional heads, with 6% interest from the date of petition till its realization. Being dissatisfied with the impugned judgment and award passed, the appellants-claimants have filed this appeal seeking enhancement of compensation.
It is the submission of the learned counsel for the appellants at the outset that the Tribunal has erred in assessing income of the deceased at only Rs. 5,000/- per month because the deceased was earning Rs. 30,000/- per month. He was an upright and committed businessman and was also an agriculturist cum vegetable vendor and proprietor of Maruthi Bricks Factory. He was the only earning member of the family. The two children are dependant on the income of the father and they are yet to settle in life. As such, the income of the deceased must be reassessed reasonably and a reasonable compensation is to be awarded towards conventional heads and also loss of dependency by modifying the judgment and award passed.
As against this, learned counsel appearing for the 1st respondent-Insurer inter alia contended that substantial amount has been awarded by the Tribunal, after due consideration of the oral, documentary and other evidence on record and also by considering the age, avocation and year of the accident of the deceased. Therefore, interference is not called for.
After careful consideration of the submissions of learned counsel for both the parties and after perusal of the impugned judgment and award, the point that would arise for consideration is:
Whether the quantum of compensation awarded by the Tribunal is just and reasonable?
The occurrence of the accident resulting in death of the deceased in the road traffic accident is not in dispute. Further, it is not in dispute that the claimants are none other than the mother and children of the deceased. It is further not disputed that the wife died during the pendency of the appeal. It is also not in dispute that deceased was aged 59 years and was an agriculturist and also a proprietor of Maruthi Bricks Factory. He was hale and healthy prior to the accident. He was the only earning member of the family. Having regard to the age, avocation and year of accident of the deceased, we can safely re-assess the income of the deceased at Rs. 6,000/- per month. Claimants are two in number, as such, if 1/3rd is deducted towards personal expenses, the remaining income would be Rs. 4,000/- per month. Since the deceased was aged 59 years, the appropriate multiplier would be 9. Accordingly, we re-determine the loss of dependency at Rs. 4,32,000/- (Rs. 4000/- x 12 x 9). Accordingly, it is awarded.
Further, it is reasonable to award Rs. 45,000/- towards conventional heads such as, loss of love and affection, loss of estate and transportation expenses, funeral expenses. Thus in all, claimants would be entitled to Rs. 4,77,000/- as against Rs. 4,40,000/- i.e., there would be enhancement of Rs. 37,000/- with interest at 6% p.a. from the date of petition till its realization. In the light of the above facts and circumstances, appeal is allowed. The impugned common judgment and award dated 14.7.2010 passed in MVC No. 280/2009 on the file of MACT, Bangalore is hereby modified awarding Rs. 37,000/- with 6% interest from the date of petition till its realization in addition to the compensation awarded by the Tribunal.
The 1st respondent-Insurer is directed to deposit the enhanced amount of compensation with interest within a period of three weeks from the date of receipt of the copy of the judgment.
Since appellant No. 1 has died, the enhanced compensation amount with accrued interest shall be released in favour of appellants 2 and 3 in equal proportion.
Draw the award, accordingly.