Thirugnanam and another vs Shriramu and another

Raghvendra S. Chauhan, J. - Aggrieved by a compensation of Rs. 6,06,000/- for the loss of their son, the appellants have challenged the award dated 7-7-2009 passed by the Chief Judge, Court of Small Causes, Bangalore in I M.V.C. No. 6571 of 2007.

The brief facts of the case are that on 29-8-2007 at about 2:00 p.m., Mr. Arul Prakash, the appellants''-son, was riding a motorcycle cautiously and carefully near the Shanimahatma Temple, Naganathapura Junction, Bangalore. Suddenly, a canter vehicle, bearing Registration No. KA-05/AA-2647, being driven rashly and negligently, came and dashed against the motorcycle. Due to the accident, Arul Prakash died on the spot, while the pillion rider suffered grievous injuries. With the appellants having lost their son, they filed a claim petition. Moreover, the pillion rider, who suffered grievous injuries, also filed a claim petition before the learned Tribunal. By a common award dated 7-7-2009, the learned Tribunal decided the claim petitions and awarded the compensation as aforementioned. Hence, this appeal before this Court.

Smt. Bhanu H.M., the learned counsel for the appellants, has contended that since the deceased was a bachelor, the learned Tribunal was justified in taking the age of Smt. Kamala, the mother of the deceased for calculating the ''loss of dependency.'' Since Smt. Kamala was aged about 48 years old, the learned Tribunal should have applied a multiplier of ''13.'' But instead the learned Tribunal has applied a multiplier of ''12.'' Hence, ''loss of dependency'' calculated by the learned Tribunal is slightly misplaced.

Secondly, the parents have lost a young son, yet the compensation in the category of ''loss of love and affection''is merely Rs. 10,000/-. Therefore, the compensation in the said category should be enhanced.

Mr. M. Muniraju, the learned counsel for the respondent-Insurance Company, has frankly conceded, and in the opinion of this Court rightly so, that the correct multiplier has not applied. However, with regard to compensation in the category of ''loss of love and affection,'' the learned counsel claims it to be just and proper. Hence, the learned counsel has supported the award.

Heard the learned counsel for the parties, and perused the impugned award.

According to the Second Schedule attached to the Motor Vehicles Act, 1988, if the age happens to be between the ages of 45 to 50 years, a multiplier of ''13'' should be applied. Admittedly, in the present case, the deceased was a bachelor. Therefore, the learned Tribunal was justified in taking the age of the mother who was younger of the two claimants. However, she was 48 years old and a multiplier of ''13'' should be applied instead of multiplier ''12.'' Therefore, the learned Tribunal has certainly erred in applying a multiplier of ''12.'' Therefore, loss of dependency should be calculated as Rs. 8,000/- 2x 12x 13 = 6,24,000/-. Hence, the ''loss of dependency'' is enhanced from Rs. 5,76,000/- to Rs. 6,24,000/-.

7, Although it is difficult to quantify the loss of love and affection, especially when parents have lost a young son, but the compensation towards ''love and affection'' to the tune of Rs. 10,000/- is certainly on the lower side. Therefore, this Court enhances the compensation under the ''loss of love and affection'' from Rs. 10,000/- to Rs. 60,000/-.

Thus, the claimants-appellants are entitled for total compensation of Rs. 7,04,000/-which is as under;

Heads As awarded by the Tribunal (in Rs.) As awarded by this Court (in Rs.)

Loss of dependency 5,76,000.00 6,24,000,00

Loss of love and affection 10,000.00 60,000.00

Towards transportation, funeral etc. 10,000.00 10,000.00

Towards loss of estate 10,000.00 10,000,00

Total 6,06,000.00 7,04,000,00

Accordingly, the appeal is partly allowed. The judgment and award dated 7-7-2009 passed by the Chief Judge, Court of Small Causes, Bangalore, in M.V.C. No. 6571 of 2007, is modified to the limited extent. The enhanced amount of Rs. 98,000/- (Rs. 7,04,000 minus Rs. 6,06,000/-) shall carry an interest at the rate of 6% per annum. The Insurance Company is directed to deposit the enhanced amount, along with interest from the date of filing of the claim petition till the date of realisation, with the learned Tribunal within a period of one month from the date of receipt of a certified copy of this judgment. The amount so deposited by the Insurance Company shall be released forthwith to the appellants by the learned Tribunal.