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2010 DIGILAW 908 (KAR)

Sharada v. R. Doreswamy

2010-08-23

N.K.PATIL, S.N.SATYANARAYANA

body2010
Judgment :- N.K. Pail, J. This is claimants’ appeal seeking enhancement of compensation arising out of the impugned judgment and award dated 07.09.2007, passed in MVC No.576/2005 on the file of the MACT No.IV, Bijapur. The tribunal, by its impugned judgment and award, awarded a sum of Rs.5,22,728/-with interest at 6% p.a., as against the claim for Rs.23,80,000/-on account of the death of the deceased in a road traffic accident. Contending that, the quantum of compensation awarded towards loss of dependency and other conventional heads is on the lower side and seeking enhancement of the same, the appellants presented this appeal. 2. The brief facts of the case are that, the appellant No.1 is the wife, appellant No.2 is the minor daughter and appellants 3 and 4 are the parents of the deceased. They have filed the claim petition under Section 166 of the Motor Vehicles Act, claiming compensation of Rs.23,80,000/-on account of the death of the deceased that occurred on 24.4.2005 at about 8.00 p.m. when the deceased was proceeding by walk on the Lalithmahal – Police Bhavan road in Mysore and when he was crossing the road at Lalitmahal – Police Bhavan road, at a junction, in front of the Sports Club, all of a sudden a private bus bearing No.KA-10/7009 came in a rash and negligent manner and dashed against the deceased, due to the said impact, he sustained grievous injuries. Immediately, he was shifted to the BGS Apollo Hospital, Mysore, inspite of giving all medical aid, he could not be saved, the deceased succumbed to the injuries. It is the further case of the appellants that, the deceased was a Constable working in Police department drawing gross salary of S.5,281/-per month, he was aged about 26 years at the time of his death and had four dependents who is the bread earner and security to appellants 1 to 4 and they lost love and affection and security at the young age on account of the death of the deceased. The said claim petition filed by the claimants had come up for consideration before the tribunal and the tribunal, in turn, after appreciating the oral and documentary evidence on record and taking into consideration, the age and occupation of the deceased, has allowed the claim petition in part, awarding a sum of Rs.5,22,728/-with interest at 6% p.a. from the date of petition till the date of realization. Contending that, the quantum of compensation awarded is inadequate and it requires for enhancement, the appellants herein felt necessitated to file the instant appeal, seeking the reliefs as stated supra. 3. The principal submission canvassed by the learned counsel appearing for the appellants at the outset is that, the tribunal has committed a grave error in not awarding any amount towards future prospects of the deceased and not applying the appropriate multiplier and deduction towards personal expenses or the deceased is on the higher side, in view of the law laid down by the Apex Court in the case of Sarla Verma vs. Delhi Transportation reported in (2009) 6 SCC 121, the future prospects of the deceased must be taken at 50% of the gross salary drawn by the deceased and the appropriate multiplier applicable is 17, therefore, the quantum of compensation towards loss of dependency is liable to be modified by enhancing the compensation. Further, the tribunal has erred in not awarding reasonable compensation towards ‘loss of love and affection’ and ‘transportation and funeral expenses’ and it requires enhancement. Therefore, he submitted that, the impugned judgment and award is liable to be modified. 4. As against this, learned counsel appearing for the 2nd respondent/insurer, inter alia, contended and substantiated the impugned judgment and award passed after due consideration of the relevant material on the file, interference by this court is not justifiable. However, he has not disputed the entitlement of 50% of the income of the deceased towards future prospects and the same may be considered in accordance with law. 5. After careful consideration of the submissions made by the learned counsel for both the parties, the only point that arises for consideration is, Whether the quantum of compensation awarded by the tribunal is just and reasonable? 6. The occurrence of the accident and death of the deceased are not in dispute. The deceased was aged about 26 years, working as a constable in the police department, drawing a gross salary of Rs.5,281/-per month and for that 50% should be added towards future prospects in the light of judgment of the Apex Court in Sarla Verma’s case. The gross salary comes to Rs.7,831/-. There are four dependents, therefore, ¼ should have been deducted towards personal expenses of the deceased i.e. Rs.1,957.75. The net amount comes to Rs.5,873.25. The appropriate multiplier is 17. The gross salary comes to Rs.7,831/-. There are four dependents, therefore, ¼ should have been deducted towards personal expenses of the deceased i.e. Rs.1,957.75. The net amount comes to Rs.5,873.25. The appropriate multiplier is 17. Therefore, the appellants are entitled to Rs.11,98,143/-(Rs.5,873.25 x 12 x 17) towards loss of dependency. Further, the tribunal has rightly awarded just and reasonable compensation towards ‘loss of consortium’ at Rs.10,000/-, Rs.10,000/-towards ‘loss of estate’ and Rs.10,000/-towards medical expenses. The same does not call for any interference. But the tribunal has erred in not awarding compensation towards ‘loss of love and affection’. In the instant case, appellants 1, 2 and 4 are entitled to ‘loss of love and affection’. Having regard to the age of the deceased and relationship between the parties, a sum of Rs.15,000/-at the rate of Rs.5,000/-each is awarded towards ‘loss of love and affection’. Further, the tribunal has erred in awarding only Rs.7,000/-towards ‘transportation and funeral expenses.’ Having regard to the facts and circumstances of the case, we award a sum of Rs.10,000/-towards ‘transportation and funeral expenses’. In all, appellants are entitled to Rs.55,000/-towards conventional heads. The total compensation comes to Rs.12,53,143/-as against Rs.5,22,728/-awarded by the tribunal, under the following heads: Loss of dependency Rs.11,98,143 Loss of consortium Rs.10,000 Loss of estate Rs.10,000 Medical expenses Rs.10,000 Loss of love & affection Rs.15,000 (Rs.5,000x3) Transportation & funeral Rs.10,000 expenses Total Rs.12,53,143 7. In the light of the facts and circumstances as stated above, we pass the following: ORDER: .(i) The appeal is allowed in part. .(ii) The judgment and award passed by the tribunal dated 07.09.2007 passed in MVC No.576/2005 on the file of the MACT No.IV, Bijapur, is hereby modified. (iii) The appellants are entitled to total compensation of Rs.12,53,143/-as against Rs.5,22,728/-awarded by the tribunal. The enhanced compensation comes to Rs.7,30,415/-. The enhanced amount shall carry interest at the rate of 6% p.a. from the date of petition till the date of realization. (iv) The 2nd respondent/insurer shall deposit the enhanced amount of Rs.7,30,415/- with interest at 6% p.a. within four weeks from the date of receipt of a copy of the judgment and award. .(v) On such deposit, Rs.3,00,000/-with proportionate interest shall be deposited in the name of the appellant No.2 in any nationalized bank till she attains majority. The appellant No.1 is entitled to withdraw the accrued interest periodically for the welfare of appellant No.2. .(v) On such deposit, Rs.3,00,000/-with proportionate interest shall be deposited in the name of the appellant No.2 in any nationalized bank till she attains majority. The appellant No.1 is entitled to withdraw the accrued interest periodically for the welfare of appellant No.2. .(vi) Rs.1,00,000/-each with proportionate interest shall be deposited in the name of appellants 1, 3 and 4 in any natinalised bank for a period of five years. Appellants 1, 3 and 4 are entitled to withdraw the accrued interest periodically. (vii) The remaining amount of Rs.1,30,415/-with proportionate interest shall be released to the appellants 1, 3 and 4 in equal proportion immediately. Office to draw the award accordingly.