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2010 DIGILAW 454 (KAR)

Savitha v. The General Manager

2010-04-01

H.S.KEMPANNA, N.K.PATIL

body2010
JUDGMENT 1. This is an appeal filed by the appellants against the impugned judgment and award dated 30-11-2005 passed in MVC No.1069 of 2002 on the file of the IV Additional Civil Judge, Court of Small Causes and Member, Motor Accident Claims Tribunal, Bangalore City (SCCH-6) (hereinafter referred to as “Tribunal’ for short). 2. The Tribunal by its judgment and award has awarded a sum of Rs.4,04,000/- under different heads with interest at 6% per annum from the date of petition till payment, as against the claim of the claimants for a sum of Rs.10,00,000/-, on account of the death of the deceased Sri Ramakrishna, in the road traffic accident. 3. In brief, the facts of the case are: The appellant 1 is the wife, appellant 2 is the son and respondents 3 and 4 are the parents of the deceased Sri Ramakrishna. The appellants and the respondents 3 and 4 have filed a claim petition before the Tribunal under Section 166 of Motor Vehicles Act, 1988, claiming compensation of Rs.10,00,000/-, on account of the death of the deceased in the road traffic accident, contending that, on 24-1-2002 at about 12.45 p.m., when the deceased was going on his bicycle on NH-4 main road near Peenya Government Junior College, opposite to Corporation Ward Office, at that time, the driver of the BMTC bus bearing No.KA.04.A.3671 drove the same with high speed in a rash and negligent manner and dashed against the deceased, due to which, he fell down and sustained injuries and on the way to the hospital he succumbed to the same. It is the further case of the claimants that the deceased was aged about 30 years, hale and healthy, doing paper business and earning Rs.6,000/-per month. The said claim petition had come up for consideration before the Tribunal. The Tribunal, after assessing the oral and documentary evidence and other material available on file, has allowed the claim petition in part and awarded the compensation of Rs.4,04,000/-with interest at 6% p.a., from the date of petition till payment. Being aggrieved by the said judgment and award, the appellants have presented this appeal, for enhancement of compensation, on the ground that, the compensation awarded by the Tribunal is inadequate. 4. We have gone through the grounds urged in the memorandum of appeal. 5. Being aggrieved by the said judgment and award, the appellants have presented this appeal, for enhancement of compensation, on the ground that, the compensation awarded by the Tribunal is inadequate. 4. We have gone through the grounds urged in the memorandum of appeal. 5. After careful perusal of the material available on record, including the impugned judgment and award passed by the Tribunal, it is not in dispute that deceased died on account of the injuries sustained by him in the accident as referred above. The Tribunal has erred in assessing the income of the deceased at Rs.3,000/- per month for calculating the loss of dependency and the same is on lower side and it needs to be enhanced. It is the case of the appellants that the deceased was aged about 30 years, doing paper business and earning Rs.6,000/-per month. Therefore, the Tribunal ought to have taken the just and reasonable amount as the income of the deceased. Therefore, having regard to the age, occupation of the deceased and since the accident was occurred in the year 2002, if his income is taken at Rs.3,500/- per month it would be just and reasonable and accordingly, it is taken. Out of which, 1/4th is to be deducted towards the personal expenses of the deceased since there are four dependents instead of 1/3rd, in view of the law laid down by the Apex Court in the case of Smt. Sarla Verma and Others v Delhi Transport Corporation and Another ( AIR 2009 SC 3104 : (2009) 6 SCC 121: (2009)2 SCC (Cri.) 1002: 2009 ACJ 1298 (SC): 2009 AIR SCW 4992), and the appropriate Multiplier applicable is 17, since he was aged about 30 years at the time of his death instead of 16 as adopted by the Tribunal. Out of Rs.3,500/-, if 1/4th is deducted towards personal expenses of the deceased, the net income comes to Rs.2,625/- per month. Therefore, we redetermine the loss of dependency at Rs.5,35,500/- (Rs.2,625/- x 12 x 17) instead of Rs.3,84,000/- awarded by the Tribunal and accordingly, it is awarded. 6. The Tribunal has awarded a sum of Rs.20,000/-towards conventional heads and the same is inadequate and it needs to be enhanced. Therefore, we redetermine the loss of dependency at Rs.5,35,500/- (Rs.2,625/- x 12 x 17) instead of Rs.3,84,000/- awarded by the Tribunal and accordingly, it is awarded. 6. The Tribunal has awarded a sum of Rs.20,000/-towards conventional heads and the same is inadequate and it needs to be enhanced. Having regard to the facts and circumstances of the case, we award a sum of Rs.10,000/-towards loss of consortium, a sum of Rs.10,000/- towards loss of estate, a sum of Rs.20,000/-towards loss of love and affection and a sum of Rs.10,000/- towards transportation and funeral expenses. 7. Having regard to the facts and circumstances of the case as stated above, the impugned judgment and award passed by the Tribunal is liable to be modified. The total compensation payable comes to Rs.5,85,500/- and the break up is as follows.- Towards loss of dependency Rs.5,35,500/- Towards loss of consortium Rs.10,000/- Towards loss of estate Rs.10,000/- Towards loss of love and affection Rs.20,000/- Towards transportation and funeral expenses Rs.10,000/- Total Rs.5,85,500/- 8. Accordingly, the appeal filed by the appellants is allowed in part and the impugned judgment and award passed by the Tribunal in MVC No.1069 of 2002 is hereby modified, granting the compensation of Rs.5,85,500/- instead of Rs.4,04,000/- awarded by the Tribunal. The enhanced compensation comes to Rs.1,81,500/-. The Insurer is directed to deposit the enhanced compensation of Rs.1,81,500/-with interest at 6% p.a., from the date of petition till the date of realisation, within a period of four weeks from the date of receipt of a copy of this judgment and award. Out of the enhanced compensation of Rs.1,81,500/-, a sum of Rs.50,000/-with proportionate interest shall be invested in the fixed deposit in the name of the appellant 1, in any Nationalised or Scheduled Bank, for a period of five years and renewable for another five years with liberty to her to withdraw the interest accrued on it, periodically. A sum of Rs.50,000/- with proportionate interest shall be invested in the fixed deposit in the name of appellant 2 in any Nationalised or Schedule Bank till he attains majority, with liberty to the appellant 1 to withdraw the interest accused on it, periodically, for his welfare. The remaining sum of Rs.81,500/-with proportionate interest shall be released in favour of the appellant 1 and respondents 3 and 4 in equal proportion, immediately, on deposit by the insurer. Office is directed to draw the award, accordingly.