AI Structured Summary
Not yet generated for this judgment
Judgment
N.K. Patil, J.—This appeal by the Appellant- Corporation is arising out of the impugned judgment and award dated 25/02/2005 passed in MVC No. 3330/2003 by the VI Additional SCJ and Member, Motor Accidents Claims Tribunal, Bangalore (SCCH-2), (hereinafter referred to as ''Tribunal'' for short).
The Tribunal by its judgment and award has awarded a sum of Rs. . 3,15,000/- under different heads with interest at 7% per annum from the date of petition till its deposit, as against the claim of the claimants for a sum of Rs. . 8,00,000/-, on account of the death of the deceased Lalbabu Sahani, in the road traffic accident.
In brief, the facts of the case are:
The claimant Nos. 1 and 2 are the parents and claimant Nos. 3, 4 and 5 are the brother and sisters of the deceased Sri. Lalbabu Sahani and they have filed a claim petition before the Tribunal u/s 163A of M.V. Act, claiming compensation against the Corporation, on account of the death of the deceased in the road traffic accident that occurred on 14.6.2003 at about 4.30 p.m., on account of the rash and negligent driving of the TNSRTC Bus bearing Reg. No. TN-29-N-1362 on Hosur road near Hebbagodi bus stand. It is the further case of the claimants that, deceased was aged about 21 years, hale and healthy, working as Welder in M/s Amith Engineering works and drawing the salary of Rs. . 4,500/- per month and looking after the welfare of the family and due to his untimely death they suffered lot. 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, treating the same as petition filed u/s 166 of M.V. Act, without there being any amendment of the claim petition, and awarded the compensation of Rs. . 3,15,000/- under different heads with interest at 7% p.a., from the date of petition till its deposit. Not being satisfied with the compensation awarded by the Tribunal, Corporation has presented this appeal, for modification of the impugned judgment and award, on the ground that, the Tribunal has erred in treating the claim petition filed by the claimants u/s 166 of M.V. Act, without there being any amendment of the claim petition by the claimants and also on the ground that, Tribunal has erred in not fixing the contributory negligence on the part of the deceased and that the compensation awarded is on higher side and is liable to be reduced.
We have heard the learned Counsel appearing for the Corporation and learned Counsel for claimants.
After careful perusal of the material available on record at threadbare, including the impugned judgment and award passed by the Tribunal, it emerges that, in fact, the claimants have filed a claim petition u/s 163-A of M.V. Act, seeking compensation against the Corporation on account of the death of the deceased in the road traffic accident. To substantiate the same, claimants have produced the documentary evidence like Ex. P1-FIR, Ex.P2-Panchanama, Ex.P3-IMV Report, Ex.P4-Inquest report, Ex.P5-P.M.report and Ex.P6-chargesheet filed against the driver of the offending vehicle, which is a conclusive proof. The Tribunal after critical evaluation of the oral and documentary evidence has held that, the said accident had occurred due to rash and negligent driving by the driver of the offending vehicle belonging to the Corporation only and there is no negligence on the part of the deceased. The said finding of fact recorded by the Tribunal is just and proper. After re-appreciation of the records, we are of the considered view that due to rash and negligent driving by the driver of the bus belonging to the Corporation, the said accident had taken place and therefore, the finding of fact recorded by the Tribunal is in accordance with law and it does not call for interference.
Further, so far as the submission of the learned Counsel for Corporation that the claim petition is not maintainable u/s 163A of M.V. Act, is concerned, this Court can exercise its power under order 41 Rule 33 of CPC and treat the petition as filed u/s 166 of M.V. Act, having regard to genuineness of the claim, in view of the well settled law laid down by the Apex Court and this Court in host of judgments. Accordingly, exercising the power under order 41 Rule 33 of Code of Civil Procedure, we treat the petition as filed u/s 166 of M.V. Act and re-determine the compensation under loss of dependency and conventional heads.
It is not in dispute that deceased was aged about 21 years, working as welder and drawing the salary of Rs. 4,500/- per month as per Ex.P7- salary certificate. But the claimants have not examined the employer to prove the same. Therefore, taking all these factors into consideration, we re-assess his income at Rs. . 4,000/- per month. Out of which, if 50% is deducted towards personal and living expenses of the deceased since he was a bachelor at the time of his death, the net income comes to Rs. . 2,000/- per month. The appropriate Multiplier applicable to the case in hand is ''15'' instead of ''18'' as adopted by the Tribunal, in view of the law laid down by the Apex Court in Sarla Verma''s case reported in 2009 ACJ 1298, since the age of the younger parent, the mother of the deceased is 40 years. Therefore, we re-determine the loss of dependency at Rs. . 3,60,000/- ( Rs. . 2,000/- x 12 x 15) instead of Rs. . 2,70,000/- 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. . 10,000/- towards loss of estate, a sum of Rs. . 10,000/- towards loss of love and affection and a sum of Rs. . 10,000/- towards transportation and funeral expenses
For the foregoing reasons, the impugned judgment and award passed by the Tribunal is liable to be modified. The total compensation payable comes to Rs. . 3,90,000/- and the break- up is as follows:
Towards Loss of dependency
Rs. . 3,60,000/-
Towards loss of estate
Rs. . 10,000/-
Towards loss of love and affection
Rs. . 10,000/-
Towards funeral and transportation expenses
Rs. . 10,000/-
Total
Rs. . 3,90,000/-
Accordingly, the appeal filed by the Corporation is dismissed and the impugned judgment and award passed by the Tribunal in MVC No. 3330/2003 is hereby modified, awarding the compensation of Rs. . 3,90,000/-instead of Rs. . 3,15,000/- awarded by the Tribunal. The enhanced compensation comes to Rs. . 75,000/- with interest at 6% p.a., from the date of petition till its realisation.
The Corporation is directed to deposit the enhanced compensation of Rs. . 75,000/- with interest, within a period of four weeks from the date of receipt of a copy of this judgment and award.
The enhanced compensation of Rs. . 75,000/- with proportionate interest shall be released in favour of the claimant Nos. 1 and 2 in equal proportion, immediately, on deposit by the Corporation.
Office is directed to draw the award, accordingly.