Smt. Rajani Devi and Others vs Managing Director, BMTC Division and another

Ram Mohan Reddy, J. - Though the appeal is listed for order, with the consent of the learned counsel for parties, is heard finally and disposed by this order.

Claimants in MVC No. 7754/2009, dissatisfied with the quantum of compensation awarded by the VIII Addl. Judge, Court of Small Causes and Member, MACT-V, Bengaluru, (for short �MACT�), by common judgment and award dated 5th August, 2010, have presented this appeal for higher compensation.

In the accident that occurred on 29-9-2009 involving the motor vehicle insured by respondent No. 2/United India Insurance Company, one Uday Singh, aged 31 succumbed to grievous injuries. Before the �MACT� it was asserted that the deceased was an employee of National Granite Company, earning Rs. 15,000/- per month, although relevant material constituting substantial legal evidence of said fact was not placed before MACT.

In the facts and circumstances, MACT reckoned Rs. 4,000/- per month as income of the deceased. Deducting 14th towards personal expenses, applying multiplier 16, awarded Rs. 5,76,000/- towards loss of dependency to which was added Rs. 30,000/- towards loss of love and affection, Rs. 10,000/- each towards transportation of dead body, funeral and obsequies expenses and loss of estate, and Rs. 5,000/- towards loss of consortium, totalling to Rs. 6,41,000/- with interest at 6% per annum, by the judgment and award impugned.

Regard being had to the fact that during the year 2009, an able bodied young man aged 31 could have earned not less than Rs. 5,000/- per month, since that is the income recognised by the Lok Adalath as income during the year 2009. Reckoning the same, deducting �th towards personal expenses, since deceased has left behind a widow, two minor children and aged parents totalling to 5 dependents, the monthly loss of dependency is Rs. 3,750/-. To the annual loss of dependency, if multiplier 16 is aplied as applicable to age 31 of the deceased, loss of dependency is Rs. 7,20,000/- as against Rs. 5,76,000/- awarded by the MACT and therefore, appellants are entitled to balance of Rs. 1,44,000/-. The award of Rs. 5,000/- towards loss of consortium to a young widow aged 25 is on the lower side. In that view of the matter and having regard to the decision of the Apex Court in Rajesh and others v. Rajbir Singh and others (2013) 9 SCC 54, 1st appellant/widow is entitled to Rs. 1,00,000/- as compensation towards loss of consortium as against Rs. 5,000/- and therefore, she is entitled to balance of Rs. 95,000/-. The compensation awarded under other heads do not call for interference as they are just and proper.

In the circumstances, appellants are entitled to Rs. 2,39,000/- with interest at 6% per annum in addition to what is awarded by the MACT.

In the result, this appeal is allowed in part. The judgment and award impugned is modified insofar as MVC No. 7754/2009 is concerned entitling the appellants to Rs. 2,39,000/- with interest at 6% per annum in addition to what is awarded by the MACT and in all other respects, remains unaltered. In view of the order dated 3-2-2015, appellants are dis entitled to interest for a period of 243 days.