THE MANAGER, THE ORIENTAL INSURANCE COMPANY LTD. v. SMT. BHAGYAMMA AND OTHERS
2007-09-27
RAM MOHAN REDDY
body2007
DigiLaw.ai
JUDGMENT Ram Mohan Reddy, J. This appeal is by the insurer calling in question the judgment and award dated 16.4.2007 in MVC No. 5989 of 2006 on the file of the Motor Accident Claims Tribunal at Bangalore, for short MACT, in so far as it relates to the award of Rs. Seven lakhs, as compensation. 2. One Nagaraja s/o Chikka mogegowda succumbed to grievous injuries in an accident occurred on 8.9.2006 due to rash and negligent driving of the motor vehicle being a tempo bearing registration No.KA52-1110 belonging to the 6th respondent and insured by the appellant. Respondents 1 to 5 claiming to be the widow, three minor children and aged mother, of the deceased filed claim petition under Sec.166 of the Motor Vehicles Act, 1998, for short the Act, before the MACT for compensation of Rs.8 lakhs on account of death of Nagaraja. The owner of the offending vehicle was arraigned as respondent No.1 while the appellant as respondent No.2, who on notice, opposed the claim by filing their respective statement of objections. In the premise of the pleadings of the parties, the MACT framed issues over the rash and negligent driving of the motor vehicle, and quantum of compensation which the claimants were entitled to. 3. The 1st claimant, the widow, was examined as PW-1 and the eye witness as PW-2, and marked five documents as Ex.P-l to P-5. For the respondent none were examined while a copy of the insurance policy was marked as EX.R-1. The MACT having considered all relevant material on record and appreciated the evidence both oral and documentary, answered issue No.1 in the affirmative attributing actionable negligence to the driver of the tempo and awarded RS.7 lakhs with interest at 6% per annum from the date of petition, as compensation. 4. The learned counsel for the appellant contends that the MACT was not justified in reckoning the monthly earning of the deceased at Rs4,000/- and effecting a deduction of 1/5th towards personal expenses of the deceased to determine loss of dependency. In addition, learned counsel contends that the award of compensation under conventional heads is on the higher side. 5. The answers to the contentions advanced by the learned counsel need not detain the court for long.
In addition, learned counsel contends that the award of compensation under conventional heads is on the higher side. 5. The answers to the contentions advanced by the learned counsel need not detain the court for long. It is no doubt true that documentary proof of the monthly earning of Rs4000/- of the deceased was not produced before the MACT nor independent evidence adduced to establish the same. Nevertheless the widow in her evidence as PW-1 stated that the deceased was earning Rs.4000/- per month while working in Unithera Company at Jigani. It is no doubt true that no material is forthcoming as to what capacity the deceased was serving his employer. It is in these circumstances the MACT observed that the deceased could be said to have a notional salary of Rs.3000/- per month. Having regard to the fact that the deceased, an able bodied young man, aged 32 years at the time of accident and death would have had many more years to continue to work and provide for his family and keeping in mind the future prospects of earning more income, the MACT assessed the monthly loss of dependency at Rs. 4000/-. The deceased left behind a widow, three minor children and an aged mother. The upbringing of the minor children on account of untimely demise of the deceased would undoubtedly be impaired. The value of services rendered by the deceased should be assessed in terms of money arid appropriate compensation deserved to be awarded. The Apex Court in the case of Lata Wadwa vs. State of Bihar assessed the value of the services of a house wife concerned therein at Rs.36,000/- per annum. In that view of the matter, the assessment of Rs.4000/- per month as wages of the deceased as on 8.9.2006 cannot be said to be on the higher side. 6. The MACT noticing the number of members of the family deducted 1/5th of the income towards personal expenses of the deceased. The fact that the deceased had shouldered the responsibility of upbringing three minor children, it cannot be said that the deceased was expending more than 1/5th of the amount towards his personal expenses. In any view of the matter, deduction of 1/5th wages cannot be said to be incorrect.
The fact that the deceased had shouldered the responsibility of upbringing three minor children, it cannot be said that the deceased was expending more than 1/5th of the amount towards his personal expenses. In any view of the matter, deduction of 1/5th wages cannot be said to be incorrect. In my view, the MACT was fully justified, in the circumstances of the case, to deduct 1/5th of the wage as personal expenditure of the deceased. 7. The award of Rs.20,000/- each towards loss of consortium; loss of love and affection; loss of estate and funeral expenses cannot be said to be on the higher side keeping in mind the time, space and inflationary trend in cost of living. 8 .This court time and again has reiterated that compensation under the conventional heads too must be reasonable and adequate. It must not be forgotten that compensation is not awarded as token of gratuitous act. The compensation under conventional heads cannot be based on pre determined static rates but must change with times which includes circumstances and money value. The compensation is to compensate the injuries sustained by the injured or dependants of the deceased to the extent possible in terms of money. In that view of matter, the second contention advanced by the learned counsel for the appellant is rejected. In the result, this appeal is un meritorious and is accordingly dismissed.