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Judgment
N.K. Patil, J.—This appeal by the appellants-claimants is directed against the impugned judgment and award dated 26.09.2009 passed in MVC No. 4121/2007, by the XIX Additional Senior Civil Judge and MACT, Bangalore (SCCH-17), (hereinafter referred to as. ''Tribunal'' for short), for enhancement of compensation, on the ground that, a sum of Rs. 11,00,000/- awarded by the Tribunal under different heads with interest as against the claim of the appellants for a sum of Rs. 30,55,000/-, on account of the death of the deceased Sri. Nandakumar, in the road traffic accident is inadequate. In brief, the facts of the case are:
The appellant No. 1 is the wife, appellant Nos. 2 and 3 are the children and appellant Nos. 4 and 5 are the parents of the deceased Sri. Nandakumar. They filed a claim petition before the Tribunal u/s 166 of M.V. Act, claiming compensation, on account of the death of the deceased in the road traffic accident, contending that, on 4.3.2007 at about 8.20 a.m. the deceased was proceeding from Sheshadri Road towards Nrupathunga Road, via K.R. Circle in his two wheeler bearing Reg. No. K.A.02.EK.6285, at that time, the driver of the bus bearing Reg. No. K.A.01.F.3245 came fro the same direction with high speed in a rash and negligent manner and hit the two wheeler of the deceased. Due to which, deceased fell down and sustained head injuries and succumbed to the same at the spot.
It is the further case of the appellants that, deceased was aged about 38 years, hale and healthy prior to the accident, working as Grade-I Officer at M/s. Indian Immunologicals Ltd., and drawing the salary of Rs. 18,000/- per month and looking after the welfare of the family. Due to his untimely death, appellants have suffered financially, as they have lost their earning member, apart from mental shock and agony.
The said claim petition had come up for consideration before the Tribunal. The Tribunal, after appreciating the oral and documentary evidence and other material available on file, has allowed the claim petition in part and awarded the compensation. of Rs. 11,00,000/- under different heads with interest at 6% p.a., from the date of petition till the date of realization.
Not being satisfied with the quantum of compensation awarded by the Tribunal, the appellants have presented this appeal for enhancement of compensation.
We have heard the learned counsel appearing for the appellants.
The submission of the learned counsel for the appellants is that, the Tribunal has erred in not awarding reasonable compensation towards loss of dependency ad conventional heads. To substantiate the said submission, he submitted that the income of the deceased assessed by the Tribunal at Rs. 9,000/- p.m. is on lower side and contrary to the materials available on file and therefore, it needs to be re-assessed. Further, he submits that, the appellants are entitled for another 50% towards future prospects in view of the law laid down by the Apex Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , since deceased has got a stable job and was aged below 40 years. Therefore, he submitted that, the judgment and award is liable to be modified by awarding reasonable compensation towards loss of dependency and conventional heads.
After hearing the learned counsel appearing for appellants and after careful perusal of the material available on record at threadbare, including the impugned judgment and award passed by the Tribunal, the only point that arises for our consideration is:
Whether the compensation awarded by the Tribunal is just and reasonable?
The occurrence of the accident and the resultant death of the deceased is not in dispute. It is also not in dispute that, deceased was aged about 38 years, working as Grade-I Officer at M/s. Indian Immunologicals Ltd., he was the only earning member of the family and the appellants are the wife, children and parents. To prove the income of the deceased, appellant have produced Ex. P13, Salary Certificate issued by the Manager (HR) of Indian Immunologicals Ltd., showing his income as Rs. 14,248/- per month and we accept the same. As the deceased was aged about 38 years at the time of death and he had a permanent job, appellants are entitled to future income of the deceased at 50% of the net income drawn by the deceased as on the date of his death, in view of the law laid down by the Apex Court in Sarla Verma''s case, as rightly submitted by the learned counsel for the appellants. 50% of Rs. 14,248/- comes to Rs. 7,124/- and if the same is added to Rs. 14,248/-, the total income comes to Rs. 21,372/- per month and per annum it comes to Rs. 2,56,464/-. Out of which, if 20% ( Rs. 31,292/-) on Rs. 1,56,464/- towards Income Tax and Rs. 2,400/- towards Professional tax are deducted, the remaining annual income comes to Rs. 2,22,772/- and out of which, if 1/4th ( Rs. 55,693/-) is deducted towards the personal and living expenses of the deceased since dependants are five in numbers viz., wife, children and parents, the remaining income comes to Rs. 1,67,079/- per annum. Accepting the multiplier of ''15'' adopted by the Tribunal since deceased was aged about 38 years, as just and proper, we re-determine the loss of dependency at Rs. 25,06,185/- ( Rs. 1,67,079/- x 15) instead of Rs. 10,80,000/- awarded by the Tribunal and accordingly, it is awarded.
Having regard to the facts and circumstances of the case, we award a sum of Rs. 50,000/- towards conventional heads i.e. towards loss of consortium, towards loss of estate, towards loss of love and affection and towards transportation and funeral expenses instead of Rs. 20,000/- awarded by the Tribunal. In all, the appellants are entitled to the total compensation of Rs. 25,56,185/- as against Rs. 11,00,000/- awarded by the Tribunal. There would be an enhancement of compensation of Rs. 14,56,185/- with interest at 6% p.a., from the date of petition till its realization. For the foregoing reasons, the appeal filed by the appellants is allowed in part. The impugned judgment and award passed by the Tribunal in MVC No. 4121/2007 is hereby modified, awarding a sum of Rs. 14,56,185/- with interest at 6% p.a., from the date of petition till its realization, in addition to the compensation awarded by the Tribunal.
The respondent Nos. 1 and 2 are jointly and severally liable to pay the enhanced compensation of Rs. 14,56,185/- with interest at 6% p.a., from the date of petition till the date of realization, within a period of three weeks from the date of receipt of a copy of this judgment.
Out of the enhanced compensation of Rs. 14,56,185/-, a sum of Rs. 4,00,000/- with proportionate interest shall be invested in the Fixed Deposit in the name of appellant No. 1 in any Nationalized or Scheduled Bank, for a period of ten years, renewable by another ten years, with liberty reserved to her to withdraw the interest accrued on it, periodically.
A sum of Rs. 4,00,000/- with proportionate interest shall be invested in the Fixed Deposit in the names of each of the appellant Nos. 2 and 3 in any Nationalized or Scheduled Bank, till they attain 30 years, with liberty reserved to the appellant No. 1 to withdraw the interest accrued on it, periodically, for the welfare of appellant Nos. 2 and 3, till they attain 21 years and from 22 years to 30 years, they are at liberty to withdraw the interest accrued on it, periodically.
A sum of Rs. 1,00,000/- with proportionate interest shall be invested in the Fixed Deposit in the name of the appellant No. 5 in any Nationalized or Scheduled Bank, for a period of five years, renewable by another five years, with liberty reserved to her to withdraw the interest accrued on it, periodically.
The remaining sum of Rs. 1,56,185/- with proportionate interest shall be released in favour of the appellant Nos. 1, 4 and 5 in equal proportion immediately.
Draw the award, accordingly.