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Judgment
N.K. Patil, J.—Though the matter is listed for orders, with the consent of parties, it is taken up for final disposal.
Being aggrieved by the impugned judgment and award dated 23.6.2003 passed in MVC No. 591/2000 on the file of the Principal Civil Judge (Sr.Dn) & MACT, Bangalore, (for short ''Tribunal''), appellants have presented this appeal seeking just and reasonable compensation for the death of Sri Anna Dorai, on account of the injuries sustained by him in the motor vehicle accident.
The brief facts of the case are that:
The first appellant is the wife, the second and third appellants are the minor children, the fourth and the fifth appellants are the parents of deceased Sri. Anna Dorai. They have filed claim petition u/s 166 of the M.V. Act claiming compensation against the respondents on account of death of deceased Anna Dorai, who died in the road traffic accident that occurred on 18.8.2000 at about 2.00 p.m., when the deceased was travelling in a lorry bearing No. KA-05-A-2289 as a loader. When the said lorry was near Paradapalli, the driver drove the lorry in a rash and negligent manner and applied brake suddenly and due to that, the back door of loaded lorry was opened and the deceased along with other coolies fell down and the entire sand load fell on them. Due to the impact, the deceased was caught under the sand and succumbed to the injuries. It is the case of appellants that the deceased was aged about 27 years, coolie by profession, getting monthly income of Rs. 5,000/- per month. According to them, he was the sole bread winner of the family. Hence, they were constrained to file claim petition before the Tribunal. The Tribunal in turn after assessing oral and documentary evidence and other materials available on file, allowed the petition in part awarding compensation of Rs. 2,19,500/- with interest at 6% p.a. from the date of petition till the date of realisation.
We have heard learned Counsel for appellants and learned Counsel for Insurance Company for considerable length of time.
After hearing learned Counsel for the parties, after careful perusal of the judgment and award passed by the Tribunal and after evaluation of the original records available on file, the Tribunal failed to take into consideration the age, avocation and number of dependants while, assessing the income of the deceased. Therefore, we re-assess Rs. 2,400/- p.m. as the income of the deceased to meet the ends of justice. Out of the said sum, 1/4th is to be deducted towards the personal expenses of the deceased, since the deceased has left behind him, five dependents. Accordingly, after deducting 1/4th from Rs. 2,400/-, the net income comes to Rs. 1,800/- per month. The deceased was aged about 27 years as on the date of the accident. Hence, the proper multiplier is ''17'' in the light of the judgment rendered by the Apex Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, . Accordingly, the loss of dependency works out to Rs. 3,67,200/- (i.e. Rs. 1800/- x 12 x ''17'' ) as against Rs. 1,92,000/-awarded by Tribunal.
Further, the Tribunal also erred in not awarding any compensation towards loss of love and affection and the compensation awarded under the head transportation of dead body and funeral expenses is inadequate. Therefore, having regard to the facts and circumstances of the case, we award a sum of Rs. 10,000/- towards loss of love and affection and Rs. 10,000/- towards transportation of dead body and funeral expenses.
However, a sum of Rs. 10,000/- awarded towards loss of consortium and Rs. 10,000/- towards loss of estate, is just and reasonable and does not call for interference.
In the light of the facts and circumstances of the case, as stated above, the appeal filed by appellants is allowed in part. The impugned judgment and award dated 23.6.2003 passed in MVC No. 591/2000 by the Tribunal, is hereby modified, awarding a sum of Rs. 4,07,200/- as against Rs. 2,19,500/- awarded by the Tribunal. The enhanced compensation of Rs. 1,87,700/- shall carry interest at 6% per annum from the date of petition till the date of realization. The break-up is as follows:
Towards LOSS of Dependency Rs. 3,67,200/- Towards Loss of love and affection Rs. 10,000/- Towards loss of consortium Rs. 10,000/- Towards Loss of estate Rs. 10,000/- Towards transportation of dead body and funeral expenses Rs. 10,000/- Total Rs. 4,07,200/-
The Insurance Company is directed to deposit the enhanced compensation of Rs. 1,87,700/-, with interest thereon at 6% per annum, within four weeks from the date of receipt of copy of the judgment and award.
Out of the enhanced compensation of Re. 1,87,700/-, a sum of Rs. 50,000/- with proportionate interest shall be kept in Fixed deposit in any Nationalised or Scheduled Bank in the name of each of the appellant Nos. 2 and 3 till they attain majority with permission to Appellant No. 1 to withdraw the accrued interest periodically for the welfare of appellant Nos. 2 and 3.
The remaining compensation of Rs. 87,700/- with proportionate interest shall be released in favour of appellants-1, 4 and 5 in equal proportion immediately on deposit of the amount by the respondent-Insurance Company.
Office to draw award, accordingly.