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Judgment
N.K. Patil
This appeal by the claimants is directed against the judgment and award dated 16th November 2010, passed in MVC No. 4426/2009, by the XII Additional Small Causes Judge and Member, Motor Accident Claims Tribunal, Bangalore, (for short, ''Tribunal'') for enhancement of compensation on the ground that, the compensation of Rs. 1,05,600/- awarded in favour of the claimants as against their claim for Rs. 10,00,000/-, is inadequate. The facts in brief are that, the claimants are the children of deceased Honnamma. They filed the claim petition u/s 166 of the Motor Vehicles Act, contending that, at about 11:00 A.M. on 03-04-2006, when the deceased was travelling in KSRTC Bus, bearing No. KA-01/F-7410, she met with an accident, on account of rash and negligent driving by the driver of the said KSRTC Bus, near Kengeri Tank Bund. Due to the impact, she sustained fatal injuries and succumbed to the same on 08-04-2006 at 3:45 AM. after six days of treatment.
It is the case of the appellants that, the deceased was aged about 65 years and was working as agricultural coolie, earning a sum of Rs. 3,000/- per month and was hale and healthy prior to the accident. On account of the untimely death of the deceased Honnamma, the children have lost the love and affection, social and moral support and therefore, they have to be compensated reasonably.
On account of the death of the deceased, the appellants filed the claim petition before the Tribunal, seeking compensation against the respondent/Corporation. The said claim petition had come up for consideration before the Tribunal on 16th November, 2010. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 1,05,600/- under different heads, with 6% interest per annum, from the date of petition till the date of payment. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants are in appeal before this Court, seeking enhancement of compensation.
I have gone through the grounds urged in the memorandum of appeal and heard the learned counsel appearing for respondent/Corporation, for quite some time.
Learned counsel appearing for appellants vehemently submitted that the Tribunal grossly erred in assessing the monthly income of the deceased at only Rs. 2,000/- and the same is liable to be re-assessed, at least at Rs. 3,000/- per month, for the reason that, the accident is of the year 2006 and she was aged about 65 years doing agriculture work. Further, he submitted that the compensation awarded by Tribunal towards conventional heads is also on the lower side and liable to be enhanced. Therefore, he submitted that the impugned judgment" and award passed by Tribunal is liable to be modified by awarding reasonable compensation towards loss of dependency as also under conventional heads.
As against this, learned counsel appearing for Corporation submitted that the Tribunal, after critical evaluation of the oral and documentary evidence available on file and also having regard to the post mortem report has come to the conclusion that the deceased was aged about 75 years and therefore, the income at best could be assessed is only at Rs. 2,000/- per month. The same is just and proper and does not call for interference. Further, so far as conventional heads is concerned, he submitted that reasonable compensation may be awarded in accordance with law.
After hearing learned counsel for the appellants and learned counsel appearing for Corporation, and after careful perusal of the judgment and award passed by the Tribunal, I am of the view that: the Tribunal has after critical evaluation of the oral and documentary evidence available on file, has rightly assessed the income of the deceased at Rs. 2,000/- per month, for the reason that as per the documentary evidence at Ex. P8-Post Mortem report, the deceased was aged about 75 years and further, it is stated that the deceased was also suffering from diabetes mellitus with pre-renal failure. The accident is of the year 2006. Therefore, having regard to the age, avocation and the year of accident, I am of the view that the Tribunal is justified in assessing the said income of the deceased. Further, Tribunal is also justified in deducting 1/3rd towards the personal expenses of deceased, on the ground that the claimants are all major and not dependent on the income of the deceased. Further, the multiplier of ''5'' adopted by Tribunal for the age of the deceased being 75 years is also just and proper and I do not want to interfere in the compensation awarded by Tribunal towards loss of dependency/loss of estate.
Further, the Tribunal is also justified in awarding a sum of Rs. 15,600/- towards medical expenses, including conveyance, nourishing food and attendant charges, for the reason that the deceased had survived for nearly six days before succumbing to the accidental injuries and during this period, the claimants would have spent reasonable sum towards conveyance, nourishing food and attendant charges. Hence, interference in the same is also not called for.
However, so far as conventional heads is concerned, it is seen that the Tribunal has erred in awarding a sum of only Rs. 10,000/- towards conventional heads. The same is on the lower side. As per the decision of the Apex Court in Sarla Verma''s case (supra), I award a sum of Rs. 45,000/- towards conventional heads, such as loss of love and affection and transportation and funeral expenses as against Rs. 10,000/- awarded by Tribunal. Thus, there would be enhancement of compensation by a sum of Rs. 35,000/-, with interest at 6% per annum, from the date of petition till the date of realization.
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 16th November 2010, passed in MVC No. 4426/2009, by the XII Additional Small Causes Judge and Member, Motor Accident Claims Tribunal, Bangalore, is hereby modified, awarding a sum of Rs. 35,000/-, with interest at 6% per annum, from the date of petition till the date of realization, in addition to the compensation awarded by Tribunal. The Corporation is directed to deposit the enhanced compensation of Rs. 35,000/-, with interest thereon at 6% per annum, within three weeks from the date of receipt of copy of the judgment. Immediately on such deposit by the Corporation, the entire sum shall be released in favour of all the appellants, in equal proportion, immediately.
Office to draw award accordingly.