Vasant Maruti Yadav vs Yuvraj

B.A. Patil, J.—This appeal is by the claimants challenging the judgment and award passed by the Motor Accident Claims Tribunal No.III, Bijapur in MVC No.1737/2012 dated 30-8-2013.

Heard. Appeal is admitted and with the consent of the learned counsel appearing for the parties, it is taken up for final disposal.

Learned counsel for the appellant would contend that the deceased was an agriculturist and was having the landed properties. The Tribunal has taken the monthly income at the rate of Rs.4,000/- and has awarded a sum of Rs.5,76,000/- towards loss of dependency, which is on the lower side. He would also contend that the compensation awarded under the conventional heads is also on the lower side. As such, he prays for allowing the appeal by enhancing the compensation.

Per contra, learned counsel for respondent No.2 - insurance company by supporting the judgment and award of the Tribunal contended that the Tribunal after considering the dependency and after taking the notional income at the rate of Rs.4,000/- p.m. has rightly come to the conclusion and just compensation has been awarded. There are no good grounds to interfere with the impugned judgment. Thereby, he prays to dismissal of the appeal by confirming the judgment and award of the Tribunal.

The accident in question is not in dispute, so also, the involvement of the offending vehicle insured with the respondent-insurance company.

As could be seen from the judgment and award of the Tribunal, the Tribunal has taken the income of the deceased at Rs.4,000/- p.m. and after deducting ? towards his personal expenses and applying the multiplier of 15 has awarded a sum of Rs.5,76,000/- towards loss of dependency. In the normal circumstances the method adopted by the Tribunal would be justified. However, in the absence of documentary evidence with regard to the income of the deceased, the over all assessment has to be made keeping in view the avocation and the period of accident. In that light, in the case on hand the accident has taken place in the year 2012. During that period, in respect of a daily wage earner the notional income of Rs.6,500/- p.m. is the yard stick, which is also adopted in the settlements at Lok Adalath. In that light, the compensation has to be awarded by taking the income at Rs.6,500/- p.m. The deduction of ? towards the personal expenses of the deceased and multiplier of 15 adopted by the Tribunal is just and proper. thereby, the appellants are entitled to a total sum of Rs.9,36,000/- (Rs.6,500/- less ? = 5,200 x 12 x 15) towards loss of dependency. Since already the Tribunal has awarded a sum of Rs.5,76,000/-, after deducting the same, the appellants are entitled to an additional sum of Rs.3,60,000/- under this head.

In addition to that, the Tribunal has awarded a sum of Rs.10,000/- towards loss of consortium, Rs.20,000/- towards loss of love and affection, Rs.10,000/- towards loss of estate and a sum of Rs.5,000/- towards funeral expenses, which is on the lower side as compared to the normal status of awarding of the compensation is concerned. In that light, the appellants are entitled to a sum of Rs.1,00,000/- towards loss of love and affection, Rs.30,000/- towards loss of estate, Rs.1,00,000/- towards loss of consortium and another sum of Rs.30,000/- towards funeral expenses and transportation of dead body. In all, the appellants are entitled to a sum Rs.2,60,000/- under conventional heads. Since, already the Tribunal has awarded an amount of Rs.45,000/-, after deducting the same, the appellants are entitled to an additional sum of Rs.2,15,000/- under the conventional heads. An amount of Rs.2,89,622/- awarded by the Tribunal towards medical expenses is just and proper and it remains undisturbed. Keeping in view the above said discussion, the appellants are entitled and additional compensation of Rs.5,75,000/- with interest at 6% p.a.

Accordingly, the appeal is allowed in part and the appellants are entitled to an additional compensation of Rs.5,75,000/- with interest at 6% p.a. from the date of petition till realisation. The judgment and award passed by the Tribunal in MVC No.1737/2012 is modified as stated above.

Respondent No.2 - insurance company is directed to deposit the compensation awarded by the Tribunal as well as the additional compensation awarded by this Court within six weeks from the date of receipt of a copy of this judgment and the same shall be disbursed to the claimants as per the award of the Tribunal.

Registry is directed to draw the award accordingly.