JUDGMENT N.K. PATIL, J.-These appeals by the appellants-claimants are directed against the impugned common judgment and award dated 9th November 2011 passed in MVC No. 271/2006 (in MFA No. 21899/2012), MVC No. 263/2006 (in MFA No. 21900/2012) and MVC No. 270/2006 (in MFA No. 21898/2012) by the Member, Motor Accident Claims Tribunal-IX, Mudhol, (hereinafter referred to as 'Tribunal' for short). 2. The Tribunal by its impugned judgment and award has awarded a sum of Rs. 50,000/- (in MFA No. 21899/2012), Rs. 4,77,000/- (in MFA No. 21900/2012) and Rs. 50,000/- (in MFA No. 21898/2006), with interest at the rate of 6% p.a., from 15.10.2011 to till the date of deposit, on account of the death of the deceased Sri. Shivarudrayya, Sri. Danayya and Smt. Shantawwa, respectively, in the road traffic accident. 3. The brief facts of the case in these appeals are: The appellants in these appeals are the legal representatives of the deceased persons. On account of the death of the deceased, namely, Sri. Shivarudrayya, Sri. Danayya and Smt. Shantawwa, they filed claim petitions before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondents, contending that, on 13.4.2005 at about 10.30 a.m., the deceased persons, alongwith others were proceeding towards Kanyakumari to Maduri in Tempo Trax bearing Reg. No. KA.35.T.3945 and when it came near Ulikutti Vilak Temple on Virudnagar to Satur road, at that time, the driver of the said vehicle drove the same in a rash and negligent manner, without observing the rules and dashed to the bus. Due to which, deceased persons and others have sustained severe injuries and died on the spot. 4. It is the further case of the appellants that, deceased were aged about 51 years, 33 years and 38 years, they were working as coolies and getting the monthly income of Rs. 5,000/-, Rs. 5,000/- and Rs. 3,000/-respectively and they are depending on them as they were the earning members of the family. On account of the untimely death of the deceased persons, they suffered mentally and financially. 5. The said claim petitions had come up for consideration before the Tribunal. The Tribunal, in turn, after assessing the oral and documentary evidence and other materials available on file, has allowed the said petitions in part and awarded the compensation of Rs. 50,000/- (in MFA No. 21899/2012), Rs. 4,77,000/-(in MFA No. 21900/2012) and Rs.
5. The said claim petitions had come up for consideration before the Tribunal. The Tribunal, in turn, after assessing the oral and documentary evidence and other materials available on file, has allowed the said petitions in part and awarded the compensation of Rs. 50,000/- (in MFA No. 21899/2012), Rs. 4,77,000/-(in MFA No. 21900/2012) and Rs. 50,000/- (in MFA No. 21898/2006) with interest at the rate of 6% p.a., from 15.10.2011 to till the date of deposit. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants have filed these appeals, seeking enhancement of compensation. 6. We have heard learned counsel for both the parties. 7. The submission of the learned counsel for the appellants is that, the Tribunal has erred in not awarding reasonable compensation on account of the death of the deceased Sri. Shivarudrayya and Smt. Shantawwa in MFA No. 21899/2012 and MFA No. 21898/2012 and a sum of Rs. 50,000/- each awarded by the Tribunal as global compensation is on lower side and it is liable to be modified. Further, he submits that, the income of the deceased assessed by the Tribunal at Rs. 3,000/- each per month is on lower side and it has erred in not awarding reasonable compensation towards loss of estate and conventional heads. 8. Further, he submits so far as MFA No. 21900/2012 is concerned that, the Tribunal has erred in assessing the income of the deceased Sri. Danayya at Rs. 3,000/- per month is on lower side since deceased was aged about 33 years and working as coolie and earning Rs. 5,000/- per month. Further, he submitted that, another 30% of the income of the deceased should be added towards future prospects, since the wife is aged about 25 years and children are aged about 6, 4, 2 and 5 months, in view of the law laid down by the Hon'ble Apex Court in Santhosh Devi's case reported in 2012 AIR SCW 2892. Therefore, he submitted that the impugned judgment and award is liable to be modified. 9. As against this, learned counsel appearing for the Insurer, inter alia, contended and substantiated that, the impugned judgment and award passed by the Tribunal is just and reasonable and after due consideration of the oral and documentary evidence and other materials available on file and therefore, interference, by this Court is not called for.
9. As against this, learned counsel appearing for the Insurer, inter alia, contended and substantiated that, the impugned judgment and award passed by the Tribunal is just and reasonable and after due consideration of the oral and documentary evidence and other materials available on file and therefore, interference, by this Court is not called for. Further, he submits that, it is not a fit case to add another 30% of the income of the deceased towards future prospects as contended by the learned counsel for the appellants, in view of the law laid down by the Hon'ble Apex Court in the case of Reshma Kumari and others vs. Madan Mohan and another, (Civil Appeal No. 4646/2009 C.W. Civil Appeal No. 4647/2009). Therefore, he submitted that the ratio of the law laid down in Santhosh Devi's case may not be applicable to the facts and circumstances of this case on the ground that, the instant case is not a rarest of rare cases or an exceptional case. 10. After careful consideration of the submission made by learned outsell for both the parties, after careful perusal of the materials available on file, including the impugned common judgment and award passed by the Tribunal, the only point that arises for our consideration in these appeals is: Whether the quantum of compensation awarded by the Tribunal in all these appeals is just and reasonable? 11. The occurrence of the accident and the resultant death of the deceased, namely, Sri. Shivarudrayya, Sri. Danayya and Smt. Shantawwa are not in dispute. Further, it emerges that, the Tribunal has justified in assessing the income of the deceased in MFA No. 21899/2012 and MFA No. 21898/2012 at Rs. 3,000/-each per month, as they were coolies by profession and they met with an accident on 13.4.2008 and died on the spot. Further, it is pertinent to note that, the appellants in these appeals are not entitled for any compensation towards loss of dependency and they are entitled for compensation only towards loss of estate and conventional heads as rightly observed by the Tribunal, since they are major sons of the deceased and are not entirely depend upon their earnings. 12. In MFA No. 21899/2012, the income of the deceased assessed by the Tribunal at Rs. 3,000/- per month is just and proper and we accept the same.
12. In MFA No. 21899/2012, the income of the deceased assessed by the Tribunal at Rs. 3,000/- per month is just and proper and we accept the same. Out of which, if 50% is deducted towards personal expenses of the deceased, since the claimants are major sons, the net income of the deceased comes to Rs. 1,500/- per month. The proper multiplier applicable would be 11'and accordingly, we award a sum of Rs. 1,98,000/-towards loss of estate and a sum of Rs. 20,000/- towards conventional heads, i.e., loss of love and affection and transportation and funeral expenses. In all, the appellants are entitled for a sum of Rs. 2,18,000/- on account of the death of their father Sri. Shivarudrayya, with interest at 6% p.a., from the date of petition till its realization instead of Rs. 50,000/- awarded by the Tribunal. There would be an enhancement of Rs. 1,68,000/- with interest at 6% p.a., from the date of petition till its realization. 13. In MFA No. 21898/2012, the income of the deceased assessed by the Tribunal at Rs. 3,000/- per month is just and proper and we accept the same. Out of which, if 50% is deducted towards personal expenses of the deceased, since the claimants are major sons, the net income of the deceased comes to Rs. 1,500/- per month. The proper multiplier applicable would be 15' and accordingly, we award a sum of Rs. 2,70,000/-towards loss of estate and a sum of Rs. 20,000/- towards conventional heads, i.e., loss of love and affection and transportation and funeral expenses. In all, the appellants are entitled for a sum of Rs. 2,90,000/- on account of the death of their mother Smt. Shantawwa, with interest at 6% p.a., from the date of petition till its realization instead of Rs. 50,000/- awarded by the Tribunal. There would be an enhancement of Rs. 2,40,000/- with interest at 6% p.a., from the date of petition till its realization. 14. In MFA No. 21900/2012 is concerned, it emerges that, deceased was 33 years and coolie by profession, he was hale and healthy prior to the accident. The Tribunal is not justified in assessing the income of the deceased at Rs. 3,000/- per month and the same is liable to be modified.
14. In MFA No. 21900/2012 is concerned, it emerges that, deceased was 33 years and coolie by profession, he was hale and healthy prior to the accident. The Tribunal is not justified in assessing the income of the deceased at Rs. 3,000/- per month and the same is liable to be modified. Having regard to his age, occupation and the year of the accident since the wife is aged about 25 years and children are aged about 6, 4, 2 and 5 months, we re-assess his income at Rs. 3,500/- per month. 15. The submission of the learned counsel for the Insurer that the reliance placed by the learned counsel for the appellants on the decision of the Hon'ble Apex Court in Santhosh Devi's case may not be applicable to the facts and circumstances of this case in view of the well settled law laid down by the Hon'ble Apex Court in Reshma Kumari's case cannot be accepted for the reason that, in the instant case there are four minor children and deceased was the only earning member of the family and there was a financial distress in the family on account of the death of the deceased. Taking all these factors into consideration, we are of the view that, this is a fit case to award another 30% of the income of the deceased towards future prospects as an exceptional case. Accordingly, we add another 30% towards future prospects. To the monthly income of Rs. 3,500/-, if another 30% (Rs. 1,050/-) is added towards future prospects as held by the Hon'ble Apex Court in para-14 of Santhosh Devi's case, his total income comes to Rs. 4,550/-. Out of which, if 1/4th (Rs. 1,137/-) is deducted towards his personal expenses since there are five dependents, his net income comes to Rs. 3,413/-. Accepting the multiplier of 16' adopted by the Tribunal as just and proper, we re-determine the loss of dependency at Rs. 6,55,296/-. 16. Having regard to the facts and circumstances of the case, we award a sum of Rs. 45,000/- towards conventional heads. In all, the appellants are entitled to a total compensation of Rs. 7,00,296/- instead of Rs. 4,77,000/- awarded by the Tribunal and accordingly, it is awarded.' 17. Having regard to the facts and circumstances of the case as stated supra, the appeals filed by the appellants are allowed in part.
45,000/- towards conventional heads. In all, the appellants are entitled to a total compensation of Rs. 7,00,296/- instead of Rs. 4,77,000/- awarded by the Tribunal and accordingly, it is awarded.' 17. Having regard to the facts and circumstances of the case as stated supra, the appeals filed by the appellants are allowed in part. The impugned common judgment and award dated 9th November 2011 passed in MVC No. 271/2006 (in MFA No. 21899/2012), MVC No. 263/2006 (in MFA No. 21900/2012) and MVC No. 270/2006 (in MFA No. 21898/2012) by the Member, Motor Accident Claims Tribunal-IX, Mudhol, are hereby modified, awarding the additional compensation of Rs. 1,68,000/-, Rs. 2,23,296/- and Rs. 2,40,000/- respectively, with interest at 6% p.a., from the date of petition till its realization. The Insurer is directed to deposit the enhanced compensation in all these appeals with interest, within three weeks from the date of receipt of the copy of this judgment. Immediately on deposit by the Insurer, out of the enhanced compensation of Rs. 1,68,000/- in MFA No. 21899/2012, a sum of Rs. 50,000/- each with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank, in the names of each of the appellant Nos. 1 and 2 for a period of 10 years and renewable by another ten years, with liberty reserved to them to withdraw the interest accrued on it, periodically. The remaining sum of Rs. 68,000/- with proportionate interest shall be released in favour of the appellant Nos. 1 and 2 in equal proportion. Out of the enhanced compensation of Rs. 2,40,000/-in MFA No. 21898/2012, a sum of Rs. 1,00,000/- each with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank, in the names of each of the appellant Nos. 1 and 2 for a period of 10 years and renewable by another ten years, with liberty reserved to them to withdraw the interest accrued on it, periodically. The remaining sum of Rs. 40,000/- with proportionate interest shall be released in favour of the appellant Nos. 1 and 2 in equal proportion. Out of the enhanced compensation of Rs. 2,23,296/- in M.F.A. No. 21900/2012, a sum of Rs. 25,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank in the names of each of the appellant Nos.
1 and 2 in equal proportion. Out of the enhanced compensation of Rs. 2,23,296/- in M.F.A. No. 21900/2012, a sum of Rs. 25,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank in the names of each of the appellant Nos. 2,3,4 and 5, till they attain 30 years, with liberty reserved to the appellant No1 to withdraw the interest accrued on it, periodically for their welfare till they attain 21 years and from 22 years to 30 years, they are entitled to withdraw the interest accrued on it, periodically. A sum of Rs. 1,00,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank, in the name of appellant No. 1 for a period of 10 years and renewable by another ten years, with liberty reserved to her to withdraw the interest accrued on it, periodically. The remaining sum of Rs. 23,296/- with proportionate interest shall be released in favour of the appellant No. 1 immediately. Draw the award, accordingly.