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2013 DIGILAW 267 (KAR)

Navamani v. Syed Akbar

2013-02-28

N.K.PATIL, V.SURI APPA RAO

body2013
JUDGMENT N.K. Patil, J.—These two appeals by the claimants and the Corporation are arising out of the same judgment and award dated 16-7-2010 passed in MVC No. 37 of 2007 on the file of the Presiding Officer, Fast Track Court, K.G.F. (hereinafter referred to as 'the Tribunal' for short). The Tribunal by its impugned judgment and award awarded compensation of Rs. 13,31,450/- with interest at 6% p.a. from the date of petition till the date of realisation on account of the death of the deceased late R. Dhanasegaran, in a road traffic accident as against the claim of Rs. 50,00,000/- against the respondents. Being aggrieved by the impugned judgment and award, the claimants and the Corporation have filed MFA Nos. 9914 of 2011 and 8882 of 2010 respectively. 2. The brief facts of the case in hand are: Claimant 5-is the mother-in-law and claimant 6-is the father-in-law of the deceased and claimants 3 and 4 and claimants 7 and 8 are the children of the deceased and respondents 3 and 4 are the parents of the deceased. On 10-11-2004 at about 11.00 a.m. the deceased along with a pillion rider of the motor cycle was proceeding towards Oorgaum in a moderate speed following the traffic rules and regulations. When they reached near Dr. Ambedkarnagar Circle, Ambedkar Road, at that time, the driver of the KSRTC bus bearing registration No. KA-07-F-747 drove the said bus in a rash and negligent manner and dashed against the motor cycle. Due to the impact the deceased succumbed to grievous injuries on the spot. 3. Therefore, the claimants being the parents, in-laws and minor children of the deceased filed claim petition under Section 166 of Motor Vehicles Act, 1988 claiming compensation of Rs. 50,00,000/- against the driver and owner-cum-insurer on account of the untimely death of the deceased R. Dhanashegaran in the road traffic accident. 4. It is the further case of the appellants that the deceased was a permanent employee of BEML, K.G.F. with badge No. 873-19037. He was earning a sum of Rs. 10,756/- p.m. as per Exs. P. 3 and P. 4. He was the only earning member of the family. The untimely death of the deceased has seriously affected the social and economic conditions of the family. He was earning a sum of Rs. 10,756/- p.m. as per Exs. P. 3 and P. 4. He was the only earning member of the family. The untimely death of the deceased has seriously affected the social and economic conditions of the family. The claimants 1 and 2 have lost their son at their old age and claimants 3 and 4 and claimants 7 and 8 being minor children are deprived of the love and affection, guidance, security and inspiration of their father and claimants 5 and 6 have lost their son-in-law. Taking all these factors into consideration the claimants filed claim petition against the Corporation and driver of the K.S.R.T.C. bus. When the matter came up for consideration before the Tribunal, the Tribunal after assessing the oral evidence of P.Ws. 1 to 3 and R.W. 1 and the documentary evidence as per Exs. P. 1 to P. 7, allowed the claim petition awarding compensation of Rs. 13,31,450/- with interest at 6% p.a. from the date of petition till the date of realisation. Being dissatisfied with the impugned judgment and award passed by the Tribunal, the claimants and the Corporation both felt necessitated to present these two appeals respectively. 5. The submission by the learned Counsel for the claimants-appellants in MFA No. 9914 of 2011 at the outset is that the Tribunal committed error much-less material irregularity in not awarding reasonable compensation on account of the death of the deceased. However, he is quick to point out and submit that, as per Exs. P. 3 and P. 4 the deceased was getting income of Rs. 10,576/- p.m. He further submitted that in the light of the decision of the Hon'ble Apex Court in the case of AIR 2009 SC 3104 : 2000 ACJ 1298(SC), another 30% is to be added towards future prospects for calculating the income of the deceased and the Income Tax and Professional Tax is to be deducted, after giving income tax exemption of Rs. 50,000/-. He also submitted that by applying the appropriate multiplier of 14' as the deceased was aged about 45 years, and deducting 1/4th towards personal expenses of the deceased reasonable compensation may be awarded by modifying the impugned judgment and award passed by Tribunal. 6. 50,000/-. He also submitted that by applying the appropriate multiplier of 14' as the deceased was aged about 45 years, and deducting 1/4th towards personal expenses of the deceased reasonable compensation may be awarded by modifying the impugned judgment and award passed by Tribunal. 6. As against this, the learned Counsel for the Corporation-appellant in MFA No. 8882 of 2010 inter alia substantiated the impugned judgment and award and contended that the compensation awarded is disproportionate to the source of income of the deceased. The quantum of compensation awarded by the Tribunal is on higher side and is liable to be reduced. However, he fairly submitted that after deducting Income Tax and professional tax, reasonable compensation may be awarded in accordance with law. 7. After careful consideration of the submission made on both sides and upon perusal of the impugned judgment and award, the point for consideration is: Whether the quantum of compensation awarded by the Tribunal is just and reasonable? 8. The occurrence of accident and death of the deceased are not in dispute. He was hale and healthy prior to the accident. Further, it is not in dispute that the deceased was aged 45 years and an employee of BEML drawing salary of Rs. 10,756/- p.m. as per Exs. P. 3 and P. 4. Further it is not in dispute that the claimants are none other than the parents and minor children and the in-laws of the deceased. But only the in-laws and children of deceased have filed this appeal for enhancement of compensation. 9. As rightly pointed out by the learned Counsel for the claimants, another 30% (Rs. 3226/-) is to be added towards future prospects while calculating the income following the decision in Smt. Sarla Verma's case, which comes to Rs. 13,982/- p.m. or Rs. 1,67,784/- p.a. (Rs. 13,982/- x 12). Out of which if Rs. 50,000/- is deducted towards statutory exemption of income tax, the remaining amount comes to Rs. 1,17,784/-. Out of that, if 20% (Rs. 23,556/-) is deducted towards income tax the remaining amount comes to Rs. 94,228/- and if Rs. 50,000/- towards exempted amount of income tax is added, it works out to Rs. 1,44,228/-. Out of that if Rs. 2,400/- is deducted towards Professional Tax, the remaining amount comes to Rs. 1,41,828/-. Further, considering the number of dependents being 4, if 1/4th (Rs. 23,556/-) is deducted towards income tax the remaining amount comes to Rs. 94,228/- and if Rs. 50,000/- towards exempted amount of income tax is added, it works out to Rs. 1,44,228/-. Out of that if Rs. 2,400/- is deducted towards Professional Tax, the remaining amount comes to Rs. 1,41,828/-. Further, considering the number of dependents being 4, if 1/4th (Rs. 35,457/-) is deducted towards personal expenses, the net income comes to Rs. 1,06,371/- p.a. Considering the age of the deceased as 45 years, the appropriate multiplier applicable is 14' as per Smt. Sarla Verma's case. Accordingly, we re-determine the loss of dependency at Rs. 14,89,194/- (Rs. 1,06,371/- x 14') and is accordingly awarded. 10. Having regard to the facts and circumstances of the case, we deem fit to award a sum of Rs. 45,000/- towards conventional heads such as loss of love and affection, loss of estate and funeral expenses. 11. Thus, in all the claimants are entitled to compensation of Rs. 15,34,194/- as against Rs. 13,31,450/- awarded by the Tribunal. There will be an enhancement of Rs. 2,02,744/- with interest at 6% p.a. from the date of petition till the date of realisation. In the light of the facts narrated above, MFA No. 9914 of 2011 filed by the claimants is allowed. MFA No. 8882 of 2010 filed by the Corporation is dismissed as devoid of merits. The impugned judgment and award dated 16-7-2010 passed in MVC No. 37 of 2007 on the file of the Presiding Officer, Fast Track Court at K.G.F., is hereby modified awarding compensation of Rs. 2,02,744/- with interest at 6% p.a. from the date of petition till the date of realisation in addition to the compensation awarded by the Tribunal. The Corporation in MFA No. 8882 of 2010 is directed to deposit the enhanced compensation with interest within three weeks from the date of receipt of a copy of this judgment. Out of the enhanced compensation, Rs. 50,000/- each with proportionate interest shall be deposited in any Nationalised Bank in the name of the children of the deceased (D. Dinesh and D. Deepak) for a period of ten years and renewable for another ten years, with liberty to them to withdraw the interest accrued on it. The remaining amount of Rs. Out of the enhanced compensation, Rs. 50,000/- each with proportionate interest shall be deposited in any Nationalised Bank in the name of the children of the deceased (D. Dinesh and D. Deepak) for a period of ten years and renewable for another ten years, with liberty to them to withdraw the interest accrued on it. The remaining amount of Rs. 1,02,744/- with proportionate interest shall be released in favour of the parents of deceased/claimants 1 and 2 and in-laws of deceased/claimants 5 and 6 in equal proportion, immediately, on deposit by the Corporation. Amount in deposit by the Corporation shall be transmitted to the jurisdictional Claims Tribunal. Office to draw award accordingly.