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Judgment
7 paragraphs · 788 wordsK.L. Manjunath, J.—The appellant-Bangalore Metropolitan Transport Corporation (for short ''the Corporation'') is challenging the quantum of compensation awarded to the respondents-claimants in MVC No. 256/2006 by the Motor Accidents Claims Tribunal (for short ''the Tribunal''), Bangalore dated 26th September 2006. The claimants have filed cross-objections for enhancement of compensation. Therefore, these two matters are heard together. The following facts are not in dispute in this appeal and cross-objection:
The claimants are the husband and minor children of one Mahadevamma who died in a road traffic accident that occurred on 10-10-2005 at about 2.30 p.m. on Link road, Malleswaram, Bangalore. The accident occurred due to the rash and negligent driving of the driver of the bus belonging to the appellant-Corporation bearing registration No. KA-01/F-1540. The driver of the bus at the first instance dashed against the motorcycle bearing registration NO. KA-04/EJ-5479 and then to another lady by name Smt. Rathnamma who sustained grievous injuries, further dashed against Mahadevamma who is the wife of the first claimant and mother of the other claimants who was walking on the left side of the road and died on the spot. The deceased Mahadevamma was working as a Telephone Mechanic in BSNL, Bangalore earning monthly salary of Rs. 11,583/-.
The Tribunal considering her income, by applying multiplier 13 and also deducting 1/3 towards her personal expenditure, awarded a sum of Rs. 11,37,000/-under the head loss of dependency and a sum of Rs. 25,000/- under the conventional heads. Thus, in all Rs. 11,62,000/- has been awarded as compensation.
Contending that the compensation awarded by the Tribunal is on the higher side, the appellant-Corporation has come up in appeal. Cross objection is filed by the claimants contending that the compensation awarded by the Tribunal is on the lower side.
In the circumstances, we have heard the learned counsel for both the parties and on appreciating the evidence and upon perusal of the records, we are of the opinion that the Tribunal has not awarded just and proper compensation to the claimants and that they are entitled for enhancement of compensation for the following reasons.
Admittedly, the deceased was a permanent employee of the Department of Telecommunication. Ex. P. 9 is her salary certificate, she was aged about 47 years and therefore she had future prospects. Considering the judgment of the Hon''ble Supreme Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, we have to add 30% of her salary towards her future prospects. On due calculation of the salary drawn by the deceased as per Ex. P. 9, we have noticed that she was drawing a salary of Rs. 10,267/- out of which, if we deduct Rs. 267/-towards professional tax, the salary of the deceased has to be taken at Rs. 10,000/- p.m. for which we have to add 30% towards future prospects. Therefore, the income of the deceased has to be taken at Rs. 13,000/-p.m. and Rs. 1,56,000/- p.a. Out of the said amount, a sum of Rs. 10,000/- has to be deducted towards income tax. Therefore, the net income of the deceased has to be taken at Rs. 1,46,000/- p.a. and if the same is multiplied by 13 considering the age of the deceased, the total income would be Rs. 18,98,000/-, out of which, if we deduct a sum of Rs. 6,32,666/- being 1/3 of her income towards her personal expenditure, the loss of dependency has to be assessed at Rs. 12,65,334/-, In addition to that, they are entitled for a sum of Rs. 40,000/- under the conventional heads. Thus, in all, the claimants are entitled for total compensation of Rs. 13,05,334/-. In the result, the appeal filed by the appellant-Corporation is dismissed. The cross-objection filed by the claimants is allowed in part holding that they are entitled for total compensation of Rs. 13,05,334/-, out of which, if we deduct Rs. 11,62,000/- awarded by the Tribunal, the claimants are entitled for enhanced compensation of Rs. 1,43,334/- with interest, at the rate of 6% p.a. from the date of petition till the date of payment. Out of the enhanced compensation, a sum of Rs. 50,000/- with interest accrued thereon is ordered to be deposited in the name of the 3rd claimant Deepa for a period of 5 years and the first claimant Madhu is entitled to draw the periodical interest. Similarly, a sum of Rs. 40,000/- with interest accrued thereon shall be deposited in the name of the second claimant Madan Kumar for a period of 5 years and he is entitled to withdraw the periodical interest. Rest of the amount be released to the first claimant.
The amount in deposit, if any in this appeal is ordered to be transmitted to the Tribunal.