Smt. Suma and others vs Divisional Controller, Bangalore

N.K. Patil, J.—This appeal by the claimants is directed against the impugned judgment and award dated 29th March, 2014 passed in M.V.C. No. 1832/2012 on the file of the Addl. Senior Civil Judge, M.A.C.T., Srirangapatna, (hereinafter referred to as ''the Tribunal'' for brevity).

The Tribunal by its judgment and award awarded a compensation of Rs. 20,92,875/- with interest at 6% p.a. from the date of petition till the date of realization, on account of the death of one N. Nagaraju, in a road traffic accident. Being aggrieved by the inadequate compensation and rate of interest, the claimants have presented this appeal. Appeal allowed.

Brief facts of the case on hand are :

The appellant No. 1 is the wife, appellant Nos. 2 and 3 are the children of deceased N. Nagaraju. They had filed a claim petition before the Tribunal under Section 166 of the Motor Vehicles Act, claiming compensation of Rs. 65,00,000/- on account of untimely death of the deceased N. Nagaraju in a road traffic accident that occurred on 26-10-2012 at about 7.25 a.m., due to rash and negligent driving by the driver of the KSRTC bus bearing registration No. KA-09-F-3875. Due to the impact, he sustained fatal injuries. In spite of best medication, he succumbed to the injuries on 17-11-2012 at 7.20 p.m. Further, the case of the appellants is, the deceased was aged about 50 years and working as a D-Group employee in the Sericulture Department and drawing a salary of Rs. 16,700/- per month. On account of his untimely death, the claimants/appellants have suffered mental agony and lost the only earning member of the family and the children have lost love and affection of their father and it has also affected social and economic condition of the family. Taking all these factors into consideration, the claimants filed a claim petition seeking compensation.

The said matter came up for consideration before the Tribunal. The Tribunal after hearing both sides and after assessing the oral and documentary evidence, has allowed the claim petition in part and awarded a compensation of Rs. 20,92,875/- with interest at 6% p.a. from the date of petition till its realization. Being dissatisfied with the impugned judgment and award passed by the Tribunal, the appellants have presented this appeal seeking enhancement of compensation.

The submission of the learned Counsel appearing for the appellants, Sri Jagadeesh M.T., at the outset, is that the Tribunal erred in not awarding the reasonable compensation towards loss of dependency and conventional heads. To substantiate his submission, he is quick to point out that the deceased was aged less than 50 years and another 30% ought to have been added towards future prospects for determining the loss of dependency. Further, the Tribunal has erred in not awarding reasonable compensation towards conventional heads. Further, he submitted that the Tribunal has awarded only 6% interest p.a. which is on the lower side, since the accident occurred in the year 2012, the same may be enhanced from 9% to 10% p.a. Therefore, he submitted that taking into consideration the age, avocation and year of the accident, the compensation towards loss of dependency and conventional heads may be modified by enhancing the compensation reasonably.

Per contra, learned Counsel appearing for respondent/Corporation, Sri. Aiyappa K.G., inter alia contended and sought to substantiate that the impugned judgment and award has been passed by the Tribunal after due evaluation of the oral and documentary evidence and hence, interference by this Court is not called for.

After careful consideration of the submission made by the learned Counsel for both parties and after perusal of the impugned judgment and award, the only point that arises for our consideration is :

Whether the quantum of compensation awarded by the Tribunal is just and reasonable?

The occurrence of the accident and the resultant death of the deceased in the road traffic accident that occurred on 26-10-2012 at about 7.25 a.m. are not in dispute. Further, it is also not in dispute that the deceased aged about 50 years and working as a D-Group employee, drawing a salary of Rs. 16,700/- per month as per Exs.P.11 and P.12. The Tribunal after due consideration of the oral and documentary evidence available on record has rightly awarded a sum of Rs. 19,65,875/- towards loss of dependency, hence, we do not find any error in the compensation awarded under this head. Further, the Tribunal is justified in awarding compensation of Rs. 82,000/- under the head medical and incidental charges, therefore, interference by this Court is not called for.

However, as rightly pointed out by the learned counsel for the appellants, the Tribunal has erred in not awarding reasonable compensation towards conventional heads for the reason that, due to his untimely death. the wife has lost her husband at the young age and the children have lost love, affection and guidance of their father and there is financially distress in the family. Taking into consideration the facts and circumstances of the case, we deem it fit to award Rs. 1,00,000/- towards loss of consortium as against Rs. 10,000/-, Rs. 25,000/- towards loss of estate, Rs. 2,00,000/- towards loss of love and affection (Rs. 50,000/- each) as against Rs. 25,000/-. Rs. 25,000/- towards transportation of dead body and funeral expenses as against Rs. 10,000/-. The total compensation works-out to Rs. 23,97,875/- as against Rs. 20,92,875/- awarded by the Tribunal.

Further, as rightly pointed out by the learned counsel for appellants, the Tribunal has erred in awarding interest at only 6% per annum. Since the accident is of the year 2012, in the light of the decision of the Apex Court and this Court in catena of judgments, we deem it proper to award 9% interest per annum from the date of petition till realisation on the enhanced compensation.

Accordingly, there would be enhancement of Rs. 3,05,000/- with interest @ 9% per annum from the date of petition till realization.

For the foregoing reasons, the appeal filed by the appellants is allowed in part.

The judgment and award dated 29th March, 2014 passed in M.V.C. No. 1832/2012 on the file of the Addl. Senior Civil Judge. M.A.C.T., Srirangapatna, is hereby modified, awarding additional compensation of Rs. 3,05,000/- with interest @ 9% p.a. from the date of petition till realization.

The respondent is directed to deposit the enhanced compensation of Rs. 3,05,000/- with interest at 9% p.a. from the date of petition till the date of realization, within three weeks from the date of receipt of a copy of this judgment.

Out of the enhanced compensation of Rs. 3,05,000/-, Rs. 2,00,000/- with proportionate interest shall be invested in the name of 1st appellant in the Fixed Deposit in any Nationalized/Scheduled Bank/Grameena Bank for period of 10 years and renewable for five years, with liberty to her to withdraw the interest accrued on it, periodically.

Remaining amount of Rs. 1,05,000/- with proportionate interest shall be released in favour of 1st appellant, immediately on deposit made by the respondent.

Office to draw the award, accordingly,