Judgment N.K. Patil. J., This appeal by the claimants is directed against the impugned judgment and award dated 5th May 2005, passed in M.V.C.No. 135/2001, by the Civil Judge (Sr.Dn), Motor Accident Claims Tribunal, Maddur, (for short, ‘Tribunal’) for enhancement of compensation on the ground that, the compensation of Rs. 3,05,000/- awarded in favour of the claimants as against their claim for Rs. 20.00 Lakhs, is inadequate. 2. The facts in brief are that, the claimants – appellant No. 1 is the wife, appellants 2 and 3 are the children and appellant No. 4 is the mother of the deceased Late Sri. Shivamallaiah. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 8:00 A.M, on 13-05-2001, the deceased Shivamallaiah met with an accident, while he along with others was traveling in Maxi Cab bearing KA-11/1323, on account of rash and negligent driving by the driver of the offending Lorry. Due to the impact, he sustained grievous injuries and immediately he was shifted to NIMHANS and later, he succumbed to the same on 20-05-2001, after about 8 days. 3. It is the case of the appellants that, the deceased was aged about 35 years, working in Gejjalagere Karnataka Milk Federation Factory, drawing salary of Rs. 5,729/- per month and besides that, he was earning a sum of Rs. 3,000/- per month from agriculture and was contributing the entire sum towards the family requirements and on account of his untimely death, the family has become haywire, the wife has lost the life partner, the children have lost the love and affection of their father and the mother has lost the social and financial security of her son, who was the sole bread winner in the family and therefore, they have to be compensated reasonably. 4. On account of the death of the deceased, the appellants filed the claim petition before the Tribunal, seeking compensation of a sum of 20.00 lakhs against the respondents. The said claim petition had come up for consideration before the Tribunal on 5th May 2005. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 3,05,000/- under different heads, with 6% interest per annum, from the date of petition till the date of realization.
The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 3,05,000/- under different heads, with 6% interest per annum, from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants are in appeal before this Court, seeking enhancement of compensation. 5. We have heard learned counsel for appellants, learned counsel appearing for respondents 1 and 2 and learned counsel appearing for respondent No.5, for considerable length of time. The third respondent – National Insurance Company, on whom the liability is fastened has remained unrepresented even after service of notice. 6. Sri. H.C. Shivaramu, learned counsel appearing for appellants, at the outset vehemently submitted that as per the decision of the Hon’ble Supreme Court in Sarla Verma’s case ( 2009 ACJ 1298 ), since the deceased aged about 35 years (between 30 and 40 years) and was a permanent employee, 50% of his gross salary must be added towards future prospects for calculating the loss of dependency and further having regard to the number of dependents, 1/4th has to be deducted from out of the total monthly income as against 1/3rd deducted by Tribunal. Therefore, he submitted that, the impugned judgment and award is liable to be modified accordingly. 7. As against this, learned counsel appearing for respondents 1 and 2 and learned counsel appearing for 5th respondent sought to justify the impugned judgment and award stating that the same is passed after assessing the oral and documentary evidence available on file and therefore, it does not call for interference. 8. After hearing learned counsel for the parties, after careful perusal of the judgment and award passed by the Tribunal and after going through the original records made available, it is seen that the occurrence of accident and the resultant death of the deceased are not in dispute. The deceased was aged about 35 years and working at K.M.F. Factory, Gejjalagere. As per Ex.P21, his designation was DW-4 and he was drawing gross salary of Rs. 6,279/- per month. As rightly pointed out by the learned counsel for appellants, 50% has to be added to the gross salary towards future prospects as per the decision in Sarla Verma’s case (supra). Accordingly, if 50% (Rs.
As per Ex.P21, his designation was DW-4 and he was drawing gross salary of Rs. 6,279/- per month. As rightly pointed out by the learned counsel for appellants, 50% has to be added to the gross salary towards future prospects as per the decision in Sarla Verma’s case (supra). Accordingly, if 50% (Rs. 3,139/-) is added to gross monthly salary of Rs. 6,279/-, the total monthly income comes to Rs. 9.418/-. Out of which, if Rs. 100/- is deducted towards professional tax, the net income comes to Rs. 9,318/- per month. From the said sum, since the number of dependents are four, 1/4th has to be deducted, as per the aforesaid Apex Court decision. Accordingly, if 1/4th (Rs. 2,329.50, rounded off to Rs. 2,330/-) is deducted towards the personal and living expenses of the deceased, the net monthly income comes to Rs. 6,988/-. Since the deceased was aged about 35 years, the appropriate multiplier is ‘16’ as per the decision of the Hon’ble Apex Court in Sarla Verma’s Case (supra) as against ‘15’ adopted by Tribunal. Accordingly, we re-determine compensation payable towards loss of dependency at Rs. 13,41,696/- (i.e. 6,988/- x 12 x ‘16’) as against Rs. 2,88,000/- awarded by Tribunal. 9. Further, the Tribunal also erred in not awarding reasonable compensation under the conventional heads. The deceased has left behind wife, two children and aged mother. Therefore, having regard to the facts and circumstances of the case, we award a sum of Rs. 20,000/- towards loss of love and affection at the rate of Rs. 5,000/- to each appellant; a sum of Rs. 10,000/- towards transportation of dead body and funeral expenses; Rs. 10,000/- towards loss of consortium and a sum of Rs. 10,000/-towards loss of life expectancy/loss of estate. 10. In the light of the facts and circumstances of the case, as stated above, the appeal filed by appellants is allowed in part. The impugned judgment and award dated 5th May 2005, passed in M.V.C.No. 135/2001, by the Civil Judge (Sr.Dn), Motor Accident Claims Tribunal, Maddur, is hereby modified, awarding a sum of Rs. 13,91,696/- as against Rs. 3,05,000/- awarded by the Tribunal, with interest at 6% per annum of the enhanced sum, from the date of petition till the date of realization. The break-up is as follows: Towards Loss of Dependency Rs. 13,41,696/- Towards Loss of love and affection Rs. 20,000/- Towards loss of consortium Rs.
13,91,696/- as against Rs. 3,05,000/- awarded by the Tribunal, with interest at 6% per annum of the enhanced sum, from the date of petition till the date of realization. The break-up is as follows: Towards Loss of Dependency Rs. 13,41,696/- Towards Loss of love and affection Rs. 20,000/- Towards loss of consortium Rs. 10,000/- Towards Loss of estate/loss of expectancy Rs. 10,000/- Towards transportation of dead body and Funeral expenses Rs. 10,000/- Total Rs. 13,91,696/- The third respondent – National Insurance Company is directed to deposit the enhanced compensation of Rs. 10,86,696/- (rounded off to Rs. 10,86,700/-, with interest thereon at 6% per annum, within four weeks from the date of receipt of copy of the judgment and award. Immediately on such deposit by the said Insurance Company, out of the enhanced compensation of Rs. 10,86,700/- a sum of Rs. 5,00,000/- with proportionate interest, shall be invested in Fixed Deposit, in any Nationalized or Scheduled Bank, in the name of first appellant - wife of deceased, for a period of five years, renewable for another five years, with liberty reserved to her to withdraw the interest periodically. A sum of Rs. 2,00,000/- with proportionate interest, shall be invested in Fixed Deposit, in any Nationalized or Scheduled Bank, in the name of fourth appellant – mother of the deceased, for a period of three years, renewable for another three years, with liberty reserved to her to withdraw the interest periodically. A sum of Rs. 1,00,000/- each with proportionate interest, shall be invested in Fixed Deposit, in any Nationalized or Scheduled Bank, in the names of appellants 2 and 3 – children of deceased, for a period of five years, renewable for another five years, with liberty reserved to them to withdraw the interest periodically. The remaining sum of Rs. 1,86,700/- with proportionate interest shall be released in favour of all the appellants, in equal proportion, immediately. Office to draw award, accordingly.