UNITED INDIA INSURANCE COMPANY LIMITED, BELGAUM v. VANITHA NANDAKUMAR GURAV
1998-01-12
B.K.SANGALAD
body1998
DigiLaw.ai
( 1 ) THIS appeal is directed against the judgment and award dated 7-8-1997 passed in MVC No. 1035 of 1994 by the MACT, Saundatt. ( 2 ) THE deceased -- Nandakumar Gurav was the driver of the jeep bearing No. MH-10-366. He died in the accident that took place on 26-4-1994 and the Tribunal has awarded the compensation of Rs. 4,41,000. ( 3 ) THE appellant has challenged the quantum of this compensation stating that it is on the higher side and the income of the driver was not taken properly. On the other hand Mr. Hiremath, learned Counsel for the respondents supported the judgment and award passed by the Tribunal. In view of this submission, the judgment is perused. ( 4 ) MR. O. Mahesh, learned Counsel of the appellant submitted that although the Tribunal has rightly disbelieved the income of the deceased as Rs. 4,700/- per month, it has wrongly fixed the income of the driver-deceased at Rs. 3,000/- p. m. In addition to this, he is of the view that the tribunal has excessively given compensation under the heads Loss of Estate, pain and sufferings and loss of love and affection. ( 5 ) IT is clear that the Tribunal has disbelieved the income of the deceased as Rs. 4,700/-p. m. It appears the Tribunal has fixed the income of the deceased at Rs. 3,000/- p. m. without any basis. But looking to the wages paid towards the driver of the vehicle, I think the ends of justice would be adequately met with if the income of the deceased could be fixed at Rs. 2,400/- p. m. It is not on record to show that the deceased was every day going out and he was getting the bata also. In view of this, I am inclined to fix the average income of the deceased at Rs. 2,400/- p. m. If this income is taken, then the dependency of the petitioners is assessed at Rs. 1,600/- p. m. and by multiplier 16 if applied looking to the age of the deceased it comes to Rs. 3,07,200/ -. ( 6 ) MR. Mahesh, learned Counsel for the appellant further contended that the compensation awarded under the various heads are all excessive. ( 7 ) EARLIER there was a view to fix loss of consortium between Rs. 5,000 to 8,000/ -.
3,07,200/ -. ( 6 ) MR. Mahesh, learned Counsel for the appellant further contended that the compensation awarded under the various heads are all excessive. ( 7 ) EARLIER there was a view to fix loss of consortium between Rs. 5,000 to 8,000/ -. But the value of the money has come down. I think it is right time to raise the same to Rs. 10,000/- looking to the age of the surviving, spouse. In view of this the learned Tribunal is right in awarding compensation under the head Loss of Consortium. The same reasonings are available for the loss of estate. Since it was an instantaneous death, the respondents are not entitled for compensation towards pain and sufferings. Had the deceased survived at least for some time, certainly the respondents could have been entitled to get the compensation under the head Pain and sufferings. Hence a sum of Rs. 10,000/- shall have to be deducted. ( 8 ) THE question of awarding compensation for love and affection is in fluid state. No decision has put a full stop for this. It goes without saying that no amount of compensation could compensate the love and affection of the parents towards their children. When the children lose their parents, they will get the compensation but not the love and affection. The situation created by the unforeseen incident cannot be compensated in terms of money. In my opinion some amount has to be awarded for the loss of love and affection. It is immaterial whether there is only one child or more than one child, I am inclined to award a token compensation of Rs. 5,000/ -. In all the respondents in this case are entitled for total compensation of Rs. 3,32,200/- with interest at 9% p. a from the date of the petition to till the date of payment. A sum of Rs. 25,000/deposited in this Court shall be transferred to MACT, Saundatt. In the result, the appeal is allowed modifying the total amount of compensation to Rs. 3,32,200/ -.