Vinayak vs Sunil

Mohan M. Shantana Goudar, J.—The judgment and award passed in MVC No. 207/2011 by the Tribunal below is called in question in this appeal by the claimants praying for enhancement of compensation.

Mr. Sagar, aged about 21 years studying in VII semester of B.E. Course died in the accident that occurred on 08.11.2010 leaving behind his parents/claimants as the legal representatives. The Tribunal has awarded the compensation of Rs. 6,88,000.00 in all under various heads.

The Tribunal has assessed the quantum of compensation under the head of loss of income to the family due to the death of deceased at Rs. 4,500/- per month. It has deducted 1/3rd amount towards personal expenses of the deceased and applied 18 multiplier taking into consideration the age of the deceased. In our considered opinion, the Tribunal has erred in all the aforementioned points. Therefore, we proceed to re-assess the compensation.

It is not in dispute that the deceased was studying in VII semester B.E. Course. He would have completed his B.E. course within six months and would have looked after his parents.

Be that as it may. The fact remains that he is aged about 21 years and studying in VII semester of B.E. course. The trial Court, in our considered opinion, without any basis has arrived at the conclusion that the income of the deceased shall be nationally taken as Rs. 4,500/- per month. The Division Bench of this Court in MFA No. 296/2006 had taken the monthly income of Rs. 20,000/- in respect of a Diploma student, who has expired in the accident. In yet another matter i.e., MFA No. 3556/2008 disposed of on 21.01.2013, this Court assessed the notional income of the deceased B.E. II Year student at Rs. 20,000/- per month. Therefore, it is clear that this Court has been consistently taking Rs. 20,000/- as notional income of the deceased who was studying in B.E. Course. Therefore, the interest of justice would be met if we also adopt the same view. Hence, we conclude that the notional monthly income of the deceased should be taken at Rs. 20,000/- per month. 30% needs to be added towards future prospects which comes to Rs. 26,000/-.

The deceased was bachelor and has left behind his parents as his legal representatives. Therefore, 50% needs to be deducted towards personal expenses of the deceased. Therefore, the loss of dependency per month would come to Rs. 13,000/-. The youngest of the parents i.e., the mother of the deceased was about 40 years at the time of the accident. Therefore, the proper multiplier adopted is 15 as per the dictum laid down by the Apex Court in the case of Sarla Verma & Ors. vs. Delhi Transport Corp. & Anr. Based on these facts and figures, the claimants would be entitled to Rs. 23,40,000/- ( Rs. 13,000 x 12 x 15) under the head of loss of dependency''. In addition to the same, the claimants are entitled to Rs. 60,000/- under conventional heads.

Thus, in all the claimants are entitled to Rs. 24,00,000/. Accordingly, the following order is made:

The compensation is enhanced from Rs. 6,88,000/- to Rs. 24,00,000/-. The rate of interest, apportionment and deposit in the bank shall remain the same as per the terms laid down by the Tribunal below.

Ordered accordingly. Award of the Tribunal is modified accordingly.