V. Kamala and Others vs Venkataraju and Others

B. Sreenivas Gowda, J.—These appeals are by the claimants seeking enhancement of compensation awarded by the Tribunal.

As these appeals are arising out of a common road traffic accident and common judgment of the Tribunal, they are heard together and disposed of by this common judgment.

For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.

As there is no dispute regarding death of Chandrashekar and Krishnappa and injuries sustained by Jaganath in a road traffic accident occurred on 01.03.2008 due to rash and negligent driving of a car bearing registration No. KA-51-N-7369 by its driver and liability of the insurer of the said vehicle, the only point that arises for my consideration in the appeal is:

"whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?"

MFA No. 6098/2011 (MVC 2871/2008)

It is a case of death of one Krishnappa. The deceased was aged about 29 years at the time of accident as per PM report Ex. P-3. The wife, minor son and mother of deceased filed a claim petition seeking compensation under Section 166 of MV Act. The claimants in support of their contention that deceased by working as a Manager in Prashanthi Grandvilla Developers, Bengaluru was earning a sum of Rs. 8,000/- per month have examined claimant No. 1-wife of the deceased as P.W. 1, one Sri V. Prakash, Manager of Prashanthi Grandvilla Developers as P.W. 3 and have produced salary certificates of the deceased at Ex. P20 and Ex. P21. P.W. 3 except saying that the deceased was working with their Prashanthi Grandvilla Developers and was getting salary of Rs. 8,000/- per month has not produced the appointment letter of deceased or wage register of the said company pertaining to the deceased. Therefore, in the absence of proof of income, considering the age of the deceased as 29, year of accident as 2008 and his avocation as daily wager and the fact that he was maintaining a large family and keeping in mind, his future prospectus, there is no impediment to take his income at Rs. 5,000/- per month as against Rs. 2,000/- per month assessed by the Tribunal. As all the claimants are dependent claimants, 1/4th of his income is to be deducted towards his personal expenses and 3/4th of his income is to be taken as his contribution to family. The multiplier applicable to his age group is ''17''. Therefore, the ''loss of dependency'' works out to Rs. 7,65,000/- (5,000 x 3/4 x 17 x 12) and it is awarded as against Rs. 4,59,000/- awarded by the Tribunal.

It is to be seen that, claimant No. 1 has lost her husband at her young age, claimant Nos. 2 and 3 have lost their father at their tender age and claimant No. 4 has lost her earning son at her old age, therefore a sum of Rs. 50,000/- is awarded towards ''loss of consortium'' in respect of claimant No. 1, a sum of Rs. 75,000/- is awarded towards ''loss of love and affection'' of claimant Nos. 2, 3 & 4 at the rate of Rs. 25,000/- each and Rs. 25,000/- towards ''Transportation of dead body and funeral expenses''. Therefore, a sum of Rs. 1,50,000/- is awarded under different heads of ''conventional heads''.

Thus, the claimants are entitled for the following compensation:-

Accordingly, the appeal is allowed-in-part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimants are entitled for an additional compensation of Rs. 4,06,000/- with interest at 6% p.a. from the date of claim petition till the date of realization.

The Insurance Company is directed to deposit the additional compensation amount together with interest within two months from the date of receipt of a copy of this judgment.

Out of the additional compensation of Rs. 4,06,000/-, Rs. 1,00,000/- each with proportionate interest is ordered to be invested in Fixed Deposit in the name of the claimants No. 1 in any Nationalised Bank/Scheduled Bank/Post Office/Grameena Bank for a period of 5 years, in case of claimant Nos. 2 & 3 for a period of 21 years and they shall withdraw the same after they attain the age of 21 years and Rs. 50,000/- in case of claimant No. 4 with a right of option to withdraw interest periodically. Claimant No. 1 is permitted to withdraw interest from her deposits and from the deposit of her minor children. Remaining amount with proportionate interest is ordered to be released in favour of claimants Nos. 1 & 4 in equal proportion.

The Tribunal while releasing the amount is also directed to issue the fixed deposit slips, so as to enable the claimants to withdraw the deposit amount on its maturity without approaching the Tribunal once again and the Bank is directed to release the fixed deposit amount without insisting for any further order from the Tribunal.

MFA No. 6097/2011 (MVC 2870/2008)

It is a case of death of one Chandra @ Chandrashekar. The deceased was aged about 32 years at the time of accident. The wife, minor son and mother of the deceased filed a claim petition seeking compensation under Section 166 of MV Act. The claimants in support of their contention that deceased by working as a driver in Prashanthi Grandvilla Developers, Bengaluru was earning a sum of Rs. 6,500/- per month have examined claimant No. 1-wife of deceased as P.W. 1, one Sri V. Prakash, Manager of Prashanthi Grandvilla Developers as P.W. 3 and have produced salary certificates of deceased at Ex. P20 and Ex. P21. P.W. 3 except saying that the deceased was working with their Prashanthi Grandvilla Developers and was getting salary of Rs. 6,500/- per month has not produced the appointment letter of the deceased or wage register of the said company pertaining to the deceased. Therefore, in the absence of proof of income, considering his age as 32, year of accident as 2008, and his avocation as a daily wager and the fact that he was maintaining his family comprising wife, two minor children and mother and keeping in mind his future prospectus, there is no impediment to take his income at Rs. 5,000/- per month as against Rs. 3,000/- per month assessed by the Tribunal. As all the claimants are dependent claimants, 1/4th of his income is to be deducted towards his personal expenses and 3/4th of his income is to be taken as his contribution to family. The multiplier applicable to his age group is ''16''. Therefore, the ''loss of dependency'' works out to Rs. 7,20,000/- (5,000 x 3/4 x 16 x 12) and it is awarded as against Rs. 4,32,000/- awarded by the Tribunal.

It is to be seen that, claimant No. 1 has lost her husband at her young age, claimant Nos. 2 and 3 have lost their father at their tender age and claimant No. 4 has lost her earning son at her old age, therefore a sum of Rs. 50,000/- is awarded towards ''loss of consortium'' in respect of claimant No. 1, a sum of Rs. 75,000/- is awarded towards ''loss of love and affection'' of claimant Nos. 2, 3 & 4 at the rate of Rs. 25,000/- each and Rs. 25,000/- towards ''Transportation of dead body and funeral expenses''. In all, a sum of Rs. 1,50,000/- is awarded under different heads of ''conventional heads''.

Thus, the claimants are entitled for the following compensation:-

Accordingly, the appeal is allowed-in-part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimants are entitled for an additional compensation of Rs. 3,88,000/- with interest at 6% p.a. from the date of claim petition till the date of realization.

The Insurance Company is directed to deposit the additional compensation amount together with interest within two months from the date of receipt of a copy of this judgment.

Out of the additional compensation of Rs. 3,88,000/-, Rs. 1,00,000/- each with proportionate interest is ordered to be invested in Fixed Deposit in the name of claimant No. 1 in any Nationalised Bank/Scheduled Bank/Post Office/Grameena Bank for a period of 5 years, in case of claimant Nos. 2 & 3 for a period of 21 years and they shall withdraw the same after attaining 21 years and Rs. 50,000/- in case of claimant No. 4 with a right of option to withdraw interest periodically. Claimant No. 1 is permitted to withdraw interest from her deposits as well as from the deposit of her minor children. Remaining amount with proportionate interest is ordered to be released in favour of claimants Nos. 1 & 4 in equal proportion.

The Tribunal while releasing the amount is also directed to issue the fixed deposit slips, so as to enable the claimants to withdraw the deposit amount on its maturity without approaching the Tribunal once again and the Bank is directed to release the fixed deposit amount without insisting for any further order from the Tribunal.

IN MFA 6099/2011 (MVC 3960/2008)

It is a case of injuries sustained by one Jaganath. As per Ex. P14-Wound certificate, he has sustained multiple injuries to his right hip posterior, fracture of shaft of left humerus, fracture dislocation of right hip and lacerated wound over chin. The injuries sustained and treatment taken by the claimant are corroborated by oral evidence of the claimant and doctor, who were examined as PWs-3 and 5 respectively. PW-5-Dr. Surendranath Shetty in his evidence has stated that the claimant has suffered injuries as indicated in the wound certificate. He has assessed the disability at 35% to right lower limb, 15% to left upper limb and 17% to the whole body.

Considering the nature of injuries sustained by the claimant, a sum of Rs. 50,000/- is awarded towards ''pain and sufferings'' as against Rs. 35,000/- awarded by the Tribunal.

As Rs. 3,54,600/- awarded by the Tribunal towards ''medical expenses'' is as per Ex. P16 & Ex. P25 medical bills and prescription produced by the claimant, the same is just and proper and there is no scope for enhancement.

He was treated as an inpatient for 14 days in Wockhardt hospital. Considering the duration of treatment, a sum of Rs. 10,000/- awarded by the Tribunal towards ''incidental expenses'' is just and proper and there is no scope for enhancement.

Claimant in support of his contention that, by working as a Real Estate Agent was earning a sum of Rs. 25,000/- per month, except examining himself as P.W. 3 and producing passbook as Ex. P18 has not adduced any other evidence. Ex. P18 shows that, a sum of Rs. 6,99,000/- was remitted into his savings accounts. Therefore, considering his age as 38, year of accident as 2008 and his avocation as a daily wager, his income could be assessed at Rs. 5,000/- per month. Nature of injuries sustained by him would suggest that, he must have taken rest and treatment for five months and therefore a sum of Rs. 25,000/- is awarded towards ''loss of income during laid up period'' as against Rs. 15,000/- awarded by the Tribunal.

Considering the injuries sustained, the disability stated by the doctor and an amount of discomfort and unhappiness he has to undergo in his future life, a sum of Rs. 30,000/- is awarded towards ''loss of amenities'' as against Rs. 20,000/- awarded by the Tribunal.

The claimant is aged about 38 years at the time of accident, and the multiplier applicable to his age group is 15. His income is assessed at Rs. 5,000/- p.m. Doctor in his evidence has stated that claimant has suffered disability of 15% to the whole body. Therefore, the ''loss of future income'' works out to Rs. 1,35,000/- (5000 x 12 x 15/100 x 15) and it is awarded as against Rs. 86,400/- awarded by the Tribunal.

Considering the nature of injuries, Rs. 15,000/- awarded by the Tribunal towards ''future medical expenses'' is just and proper and there is no scope for enhancement.

Thus, the claimant is entitled for the following compensation:-

Accordingly, the appeal is allowed in part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimant is entitled for an additional compensation of Rs. 83,600/- with interest at 6% p.a. from the date of claim petition till the date of realisation.

The Insurance Company is directed to deposit the additional compensation amount together with interest within two months from the date of receipt of a copy of this judgment and the same is ordered to be released in favour of the claimant.

Accordingly, all the appeals are allowed in part. The common judgment and award passed by the Tribunal is modified to the extent stated herein above in all the cases.

Additional compensation awarded in other cases MFA No. 6098/2011 (MVC No. 2871/2008) and MFA No. 6097/2011 (MVC No. 2870/2008) shall be disbursed as mentioned against their cases.

No order as to costs.