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Judgment
S. Abdul Nazeer, J.—This appeal by the claimants is directed against the judgment and award in MVC No. 1205/2009 dated 1.09.2010 on the file of the Fast Track Court-I and Additional Motor Accident Claims Tribunal at Mysore. The claimants are the wife and children of one S. Puttaswamy. S. Puttaswamy died in a motor vehicle accident occurred on 10.09.2006. Therefore, the appellants filed the above petition seeking compensation. The Tribunal on appreciation of the materials on record has awarded a total compensation of Rs. 3,73,500/- with interest at 6% p.a. from the date of the petition till the date of deposit.
Learned counsel for the appellants/claimants would contend that the deceased was running a tea stall. The Tahsildar, Mysore Taluk has issued a certificate at Ex. P9 confirming that the deceased was running tea stall near Kumbara Koppal, Mysore Taluk. He was earning more than Rs. 6,000/- per month. The Tribunal has taken his income at Rs. 4,000/- for the purpose of computation of loss of dependency. It is further contended that since the deceased has left behind his wife and three children, the Tribunal ought to have deducted 1/4th of the income towards his personal expenses as against 50% deducted by the Tribunal. The award of compensation towards loss of consortium and loss of love and affection is on the lower side.
On the other hand, learned advocate appearing for the respondent - insurance company has sought to justify the impugned judgment and award.
I have carefully considered the arguments made at the Bar and the materials placed on record.
The accident had occurred on 10.09.2006. The deceased was aged about 48 years at the time of accident. Having regard to the certificate issued by the Tahsildar, Mysore at Ex. P9, it cannot be disputed that the deceased was running a tea stall at Kumbara Koppal, Mysore. Though the claimants contend that deceased was earning Rs. 6,000/- per month, they have failed to establish the same. In the circumstances, it is just and proper to notionally fix his salary at Rs. 4,500/- per month. Having regard to the number of dependants left behind by the deceased, 1/4th of his income should be deducted towards personal expenses. The multiplier applicable to the case is 13. By taking his income at Rs. 4,500/- per month after deducting of 1/4th of the income towards his personal expenses and with application of multiplier 13, the compensation payable towards loss of dependency comes to Rs. 5,26,500/-.
The 1st claimant is entitled for a sum of Rs. 50,000/- towards loss of consortium and other claimants are entitled for a sum of Rs. 50,000/- towards loss of love and affection. The claimants are entitled for a sum of Rs. 10,000/- towards funeral expenses. The tribunal has rightly awarded a sum of Rs. 43,500/- towards medical expenses. In all, the compensation payable to the claimants comes to Rs. 6,80,000/-.
The Tribunal has totally awarded Rs. 3,73,500/-, which has to be deducted from the aforesaid amount. Thus, the claimant is entitled for a balance compensation of Rs. 3,06,500/-. In the result, the appeal succeeds and allowed in part. The respondent-insurance company is directed to deposit a sum of Rs. 3,06,500/- with interest at 6% p.a. from the date of the application till the date of deposit within a period of six weeks from the date of receipt of copy of this order. Out of the enhanced compensation, a sum of Rs. 2,00,000/- shall be kept in Fixed Deposit in the name of the 1st appellant (wife of the deceased) in a Nationalized Bank for a period of Five years. She is permitted to withdraw the interest annually. The balance of compensation shall be released in favour of the 1st appellant. No costs.