Smt. Rindabai vs Ramanlal Lakshmichand Lunkad

Mrs. S. Sujatha, J.—These appeals arise from the common judgment of the Motor Accident Claims Tribunal, Gulbarga, in MVC Nos. 365/2011 and 364/2011. Both the appeals are heard together and disposed of by this common judgment.

The claimants being dissatisfied by the judgment and award passed by the Tribunal would contend that the Tribunal has determined the monthly income of the deceased in MVC No. 365/2011 @ Rs. 3,000/- and the compensation awarded under the different heads is also meager. It is contended that the monthly income requires to be determined at Rs. 5,500/- which is normally adopted by this Court while assessing the monthly income of the victim of the road traffic accident of the year 2010. As regards MVC No. 364/2011 similar arguments are advanced by the learned counsel contending that the monthly income of the deceased @ Rs. 4,500/- is on lower side and the compensation awarded under the different heads is grossly inadequate.

Per contra, learned counsel appearing for the insurer defends the judgment and award passed by the Tribunal contending that the Tribunal after appreciating the evidence on record has awarded the just and reasonable compensation which does not call for any interference by this Court.

Heard the rival submissions of the parties and perused the material on record.

As regards MFA No. 201152/2014, the Tribunal after appreciating the material on record determined the monthly income of the injured at Rs. 3,000/-. It is apt to refer to the normal determination made by this Court in identical cases more particularly, when no proof of evidence is adduced by the victim of the road traffic accident to assess the exact income. In such cases involving the accident of the year 2010, this Court is adopting the monthly income @ Rs. 5,500/-, applying the same yardstick, the compensation towards the loss of future income works out to Rs. 1,08,900/- (Rs. 5,500/- x 12 x 11 x 15%). In all other respects, the compensation awarded under the different heads is just and reasonable and does not call for any interference by this Court.

Thus, the compensation awarded by the Tribunal is modified and enhanced as under;

Towards loss of future income

Rs. 1,08,900/-

Towards pain and suffering

Rs. 10,000/-

Towards loss of amenities

Rs. 10,000/-

Towards medical expenses

Rs. 18,638/-

Towards diet and nourishment and conveyance charges

Rs. 10,000/-

Total

Rs. 1,57,538/-

As regards MFA No. 201154/2014 the claimants being the widow and minor children besides the aged mother have approached the Tribunal seeking compensation on the death of deceased Shankrayya Swamy in the road traffic accident on 1-11-2010. The Tribunal after appreciating the evidence on record, assessed the monthly income of the deceased @ Rs. 4,000/-. Adopting the normal monthly income which is determined by this Court in identical cases, the monthly income determined by the Tribunal is modified to Rs. 5,500/- employing the multiplier of 16 and deducting 14th towards the personal expenses of the deceased, loss of dependency works out to Rs. 7,92,900/-.

However, it is discerned from the records that the compensation awarded under the different heads is on lower side. Considering the age of the young widow and minor children besides the mother who have lost the sole bread earning member of the family in the motor vehicle accident and in the totality of the circumstance of the case, the compensation awarded by the Tribunal deserves to be enhanced suitably under the different heads as under;

Towards love and affection

Rs. 1,00,000/-

Towards loss of estate

Rs. 10,000/-

Towards loss of consortium

Rs. 1,00,000/-

Towards funeral, transportation and obsequies

Rs. 25,000/-

Towards loss of dependency

Rs. 7,92,900/-

Total

Rs. 10,27,900/-

The claimants are entitled to the interest @ 6% p.a. from the date of the petition till the date of realization, on the awarded amount.

In the result, appeals are allowed to the extent indicated above.