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2012 DIGILAW 357 (KAR)

Eregowda v. Shantha

2012-04-13

N.K.PATIL

body2012
JUDGMENT N.K. Patil , J.—This appeal by the claimants is directed against the common judgment and award dated 16th August 2008 passed in M.V.C. No. 1446/2004 on the file Of the Principal Civil Judge (Sr. Dn) and CJM, Motor Accident Claims Tribunal, Mandya, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of 2,07,000/- awarded in favour of the claimants as against their claim for 15,00,000/- is inadequate. The facts in brief are that, the claimants are the parents of the deceased Ningegowda. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 2:30 p.m., on 11th May, 2004, When the deceased alongwith others was walking on the left side of the road, near Honnenahalli, at that time, the driver of the Lorry bearing Registration No. CNT-7344 drove the said vehicle at high speed, in a rash and negligent manner and dashed against the deceased and others and due to the impact, the deceased Ningegowda succumbed to the injuries on the spot and others sustained injuries over their body. 2. It is the case of the appellants that, the deceased was working as an agriculturist in the lands owned by them, and earning a sum of 50,000/- to 1,00,000/- per annum and was hale and healthy prior to the accident. On account of the untimely death of the deceased Ningegowada, the appellants have lost the love and affection, social and moral support and also are in deep financial crisis and therefore, they have to be compensated reasonably. 3. On account of the death of the deceased, the appellants filed the claim petition before the Tribunal, seeking compensation against the respondents. The said claim petition has come up for consideration before the Tribunal on 16th August, 2008. 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. 2,07,000/- under different heads, with 6% interest per annum, from the date of petition till the date of payment. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants are in appeal before this Court, seeking enhancement of compensation. 4. I have gone through the grounds urged in the memorandum of appeal and heard the learned Counsel appearing for appellants and Insurer, for quite some time. 5. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants are in appeal before this Court, seeking enhancement of compensation. 4. I have gone through the grounds urged in the memorandum of appeal and heard the learned Counsel appearing for appellants and Insurer, for quite some time. 5. After hearing learned Counsel for the parities, and after careful perusal of the judgment and award passed by the Tribunal, I am of the view that the Tribunal has erred in assessing the age of the mother of the deceased as 58 years. Therefore, having regard to the social and rural background of the parents of the deceased, I accept the age of the mother of the deceased as 50 years, as mentioned in the claim petition and adopt the multiplier of 13' as per the decision of the Hon'ble Apex Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, AIR 2009 SC 3104 , as against 10' adopted by the Tribunal, However, the Tribunal has rightly assessed the monthly income of the deceased at Rs. 3,000/- and rightly deducted 50% towards the personal expenses of the deceased as the deceased was a bachelor. Thus, the compensation towards loss of dependency would work out to Rs. 2,34,000/- (i.e. 1,500/- x 12 x 13') as against Rs. 1,80,000/- awarded by Tribunal. 6. Further, the Tribunal has erred in awarding a sum of only Rs. 27,000/- towards conventional heads. The same is on the lower side. As per the decision of the Apex Court in Sarla Verma's case (supra), I award a sum of 45,000/- towards conventional heads, such as loss of estate, loss of love and affection and transportation and funeral expenses as against Rs. 27,000/- awarded by Tribunal. Thus, the total compensation would come to Rs. 2,79,000/- as against Rs. 2,07,000/- awarded by Tribunal, with interest at 6% per annum, from the date of petition till the date of realization. 7. 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 common judgment and award dated 19th August, 2008 passed in M.V.C. No. 1446/2004 on the file of the Principal Civil Judge (Sr. Dn) and C.J.M. Motor Accident Claims Tribunal, Mandya, is hereby modified, awarding a sum of Rs. Dn) and C.J.M. Motor Accident Claims Tribunal, Mandya, is hereby modified, awarding a sum of Rs. 72,000/- with interest at 6% per annum, from the date of petition till the date of realization, in addition to the compensation awarded by Tribunal. 8. The respondents 1 and 2 are directed to deposit the enhanced compensation of Rs. 72,000/- with interest thereon at 6% per annum, within three weeks from the date of receipt of copy of the judgment and award. 9. Immediately on such deposit by the respondents 1 and 2, the same shall be resisted in favour of both the appellants, in equal proportion, immediately. 10. Office to draw award, accordingly.