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2013 DIGILAW 487 (KAR)

BASWAVANNEVVA v. R. N. SURESH

2013-04-09

B.SREENIVASE GOWDA

body2013
JUDGMENT B. SREENIVASE GOWDA, J.-This appeal is by the claimants seeking enhancement of compensation awarded by the Tribunal. 2. With the consent of the learned counsel appearing for the parties, the appeal is heard, admitted and disposed of finally. 3. For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal. 4. As there is no dispute regarding the death of the deceased in a road traffic accident occurred on 23.8.2006 due to rash and negligent driving of the offending Matador bearing registration No. CAM/1286 by its driver and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is: "Whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?" 5. After hearing the learned counsel appearing for parties and perusing the judgment and award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and hence it is required to be enhanced. 6. The deceased was aged about 38 years at the time of accident as evident from P.M. report Ex.P-9. The claim petition is filed by wife, 3 minor children and parents of the deceased seeking compensation under Section 166 of MV Act. During the pendency of the claim petition, the father of the deceased died. The claimants in support of their contention that the deceased was doing doll business and earning a sum of Rs. 10,000/- per month except examining the wife of the deceased as PW-1 they have not produced any documents establishing the avocation and income of the deceased. In the absence of proof of income, considering the age of the deceased as 38 years, year of accident as 2006 and his avocation as doll business, his income could be assessed at Rs. 4,000/- per month. There are 5 dependent claimants and therefore 1/4th of the income of the deceased has to be deducted towards his personal expenses and remaining 3/4th has to be taken towards his family contribution. Multiplier of "15" has to be applied to the age group of the deceased. Therefore, the loss of dependency' works out to Rs. 5,40,000/- (4,000 × 3/4 × 15 × 12) and it is awarded as against Rs. Multiplier of "15" has to be applied to the age group of the deceased. Therefore, the loss of dependency' works out to Rs. 5,40,000/- (4,000 × 3/4 × 15 × 12) and it is awarded as against Rs. 3,36,000/- awarded by the Tribunal. 7. Further, a sum of Rs. 50,000/- is awarded under different heads of convention as against Rs. 70,000/- awarded by the Tribunal. 8. Thus, the claimants are entitled for the following compensation:- HEADS Rs. Loss of dependency 5,40,000 Convention heads 50,000 TOTAL 5,90,000 LESS: Compensation awarded by the Tribunal 4,06,000 BALANCE (Enhanced amount) 1,84,000 9. Accordingly, the appeal is allowed-in-part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimants are entitled for an additional compensation of Rs. 1,84,000/- with interest at 6% p.a. from the date of claim petition till the date of realisation. 10. The insurer of the offending vehicle is directed to deposit the additional compensation amount together with interest within two months from the date of receipt of a copy of this judgment. From which, Rs. 30,000/- each with proportionate interest in the name of claimant Nos. 1 to 4 and 6 is ordered to be invested in fixed deposit in any Nationalized Bank/Scheduled Bank/Post Office for a period of 9 years in respect of claimant No. 1, for a period of 6 years in respect of claimant No. 6 and till the age of attaining majority in respect of claimant Nos. 2 to 4 renewable from time to time and with a right of option for the claimant No. 1 and 6 to withdraw interest periodically from their deposit and further with a right of option for the claimant No. 1 to withdraw interest periodically from the deposit of her minor children. Remaining amount with proportionate interest is ordered to be released in favour of the claimant No. 1 in equal proportion. 11. The Tribunal while releasing the amount is directed to issue Fixed Deposit receipts in favour of the claimants to enable them to withdraw their deposit amounts immediately after the same is matured without approaching the Tribunal once again. No order as to costs.