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Judgment
N.K. Patil, J.—Though this matter is posted in the admission list, it is taken up for final disposal with the consent of the learned counsel appearing for both the parties.
This appeal by the claimants is directed against the impugned judgment and award dated 06.04.2011 passed in MVC No. 6979/2009 on the file of the XVI Additional Judge, MACT at Bangalore City, (SCCH-14) (hereinafter referred to as ''Tribunal'' for short), for enhancement of compensation.
The Tribunal by its judgment and award has awarded a sum of Rs. 7,05,000/- under different heads with interest at 6% per annum from the date of petition till the date of deposit, as against the claim of the claimants for a sum of Rs. 65,00,000/-, on account of the death of the deceased Babu Mathew, in the road traffic accident.
In brief, the facts of the case are:
The 1st appellant is the mother and the 2nd appellant is the sister of the deceased and they have 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, which occurred on 17.06.2009 at about 11.30 a.m., when he was riding his motor cycle bearing No. KA-03/ES-941 on Hosur-Laskhar road, in front of NES Technology, Audgodi, Bangalore, due to the rash and negligent driving by the driver of the offending vehicle bearing No. KA-05/MF-801. Immediately after the accident he was taken to NIMHANS and admitted as an inpatient and later he was shifted to St. John hospital and then referred to Wockhardt Hospital, Bangalore and inspite of best efforts by the doctors he could not recover and died on 18.06.2009.
It is the case of the appellants that, the deceased was aged about 36 years at the time of accident, hale and healthy and was doing network marketing at different network marketing companies on commission and salary basis and getting a monthly average income of Rs. 65,000/- and looking after the welfare of the family. He was the only earning member in the family and due to his untimely death, social and financial condition of the family is affected. 1st appellant has lost her only son and deprived to see the future of her son and 2nd appellant, being the sister of deceased has lost the love and affection, guidance and inspiration in life. Therefore, they were constrained to file a claim petition before the Tribunal and the Tribunal after appreciating the oral and documentary evidence and other material available on file, but without accepting the Ex. P10-Pan Card, Ex. P11-Bank Statement, Ex. P12-Form No. 16A, has allowed the claim petition in part and awarded the compensation of Rs. 7,05,000/- under different heads with interest at 6% p.a., from the date of petition till the date of deposit. Not being satisfied with the compensation awarded by the Tribunal the appellants have presented this appeal, for enhancement of compensation.
The submission of the learned counsel appearing for the appellants at the outset is that, the Tribunal has committed an error in not appreciating Ex. P12-Form No. 16A issued by the employer to show that there was income tax deductions from his income and also the bank statement produced at Ex. P11, Pass port Ex. P9 and Ex. P10-Pan Card. The income of the deceased assessed by the Tribunal at Rs. 10,000/- per month is on the lower side and the same is required to be re-determined reasonably and award compensation towards loss of dependency and conventional heads by modifying the impugned judgment and award passed by the Tribunal.
As against this, the 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. It is passed after considering the oral and documentary evidence and interference by this Court is not called for.
After considering the submissions made by the learned counsel appearing for both the parties and on perusal of the material available on record, including the impugned judgment and award passed by the Tribunal, the only point that arises for consideration is:
Whether the quantum of compensation awarded by the Tribunal is just and reasonable?
It is not in dispute that the deceased died in the road traffic accident. Further it is not in dispute that, the deceased was aged about 36 years at the time of accident, hale and healthy and was doing network marketing work and the employer has issued Ex. P12-Form No. 16A showing the income tax deduction from the income of the deceased. Further it is not in dispute that, the claimants are none other than the mother and sister of the deceased and he was the only earning member in the family and looking after the welfare of the appellants. Taking into consideration all these facts and circumstances of the case and having regard to age of the deceased and year of accident, we deem it fit to re-assess the income of the deceased at Rs. 13,000/- per month to meet the ends of justice. The Tribunal has rightly applied the multiplier of 11 taking the age of the mother of the deceased as 52 years and deducted 50% towards the personal expenses of the deceased, as he was bachelor as on the date of accident. The same is accepted. Accordingly, the appellants are entitled towards loss of dependency at Rs. 8,58,000/- (Rs. 13,000 x 12 x 11).
Having regard to the facts and circumstances of the case, we deem it fit to award Rs. 50,000/- towards conventional heads, such as loss of love and affection, loss of estate, funeral expenses and transportation charges. Having regard to the facts and circumstances of the case as stated above, appeal is allowed in part. The impugned judgment and award passed by the Tribunal dated 06.04.2011 in MVC No. 6979/2009 is hereby modified. The total compensation payable comes to Rs. 9,08,000/- as against Rs. 7,05,000/- awarded by the Tribunal. There will be enhancement of Rs. 2,03,000/- with 6% interest per annum from the date of petition till realization.
The Insurer is directed to deposit the enhanced compensation of Rs. 2,03,000/- with interest at 6% p.a., from the date of petition till the date of realisation, within three weeks from the date of receipt of a copy of this judgment.
Out of the enhanced compensation, Rs. 1,50,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank, in the name of the 1st appellant for a period of ten years and renewable for another five years, with liberty to her to withdraw the periodical interest accrued on it.
The remaining Rs. 53,000/- with proportionate interest shall be released in favour of the 1st appellant, immediately, on deposit by the Insurer.
Draw the award accordingly.
Sri B. Pradeep, learned counsel is permitted to file Vakalath for 2nd respondent within four weeks from today.