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2016 DIGILAW 257 (KAR)

Ambika N. v. Sunil K.

2016-03-10

N.K.PATIL, RATHNAKALA

body2016
JUDGMENT : N.K. Patil, J. 1. This appeal by the claimants is directed against the impugned judgment and award dated 30th October 2015 passed in M.V.C. No. 97/2014 on the file of the Senior Civil Judge & JMFC, M.A.C.T., Nanjanagud (hereinafter referred to as 'the Tribunal' for brevity). 2. The Tribunal by its judgment and award awarded a compensation of Rs. 6,52,000/- with interest at 9% p.a. from the date of petition till the date of realization, on account of the death of T. Swamy @ Swamy in a road traffic accident. Being aggrieved by the inadequate compensation, the claimants have presented this appeal. 3. Brief facts of the case on hand are : "The appellants who are none other than the wife, daughter and mother of the deceased Prasad had filed a petition before the Tribunal under Section 166 of the Motor Vehicles Act, claiming compensation of Rs. 38,60,000/- on account of untimely death of the deceased in a road traffic accident that occurred on 22.05.2014, at about 3.30 p.m. due to rash and negligent driving by the driver of the lorry bearing registration No. TN-28-AJ-3715. Further case of the appellants is that, the deceased was aged 28 years and working as a coolie. He was the only bread-earner of the family. On account of his untimely death, the wife has lost her husband at the young age, daughter has lost love and affection and guidance of her father and mother has suffered mental pain and agony and it has affected social and economic condition of the family. Taking all these factors into consideration, the claimants filed a petition seeking compensation." 4. The said matter came up for consideration before the Tribunal. The Tribunal after hearing both sides and after assessing the oral and documentary evidence, has allowed the claim petition in part and awarded a compensation of Rs. 6,52,000/- with interest at 9% p.a. from the date of petition till its realization. Being dissatisfied with the impugned judgment and award passed by the Tribunal, the appellants have presented this appeal seeking enhancement of compensation. 5. The submission of the learned Counsel appearing for the appellants, Smt. B.N. Manjula, for Sri. R.C. Nagaraja, at the outset, is that the Tribunal has erred in not awarding reasonable compensation under the head loss of dependency. Being dissatisfied with the impugned judgment and award passed by the Tribunal, the appellants have presented this appeal seeking enhancement of compensation. 5. The submission of the learned Counsel appearing for the appellants, Smt. B.N. Manjula, for Sri. R.C. Nagaraja, at the outset, is that the Tribunal has erred in not awarding reasonable compensation under the head loss of dependency. To substantiate her submission, she is quick to point-out that the deceased was a coolie by profession and earning a sum of Rs. 15,000/- per month and he was looking after the welfare of the family. Therefore, income of the deceased may be re-assessed between Rs. 8,000/- and Rs. 9,000/- per month and 1/3rd may be deducted towards personal expenses of the deceased since there are three dependents. The Tribunal also erred in not awarding reasonable compensation towards conventional heads. Therefore, she submitted that the income of the deceased may be re-assessed reasonably and the compensation towards loss of dependency and conventional heads may be modified. 6. Per contra, learned Counsel appearing for respondent No. 3/Insurer Sri. M.U. Poonacha, inter-alia contended and sought to substantiate that the impugned judgment and award has been passed by the Tribunal after due consideration and evaluation of the oral and documentary evidence and hence, interference by this Court is not called for. 7. After careful consideration of the submission made by the learned Counsel for both parties and after perusal of the impugned judgment and award, the only point that arises for our consideration is : "Whether the quantum of compensation awarded by the Tribunal is just and reasonable?" 8. The occurrence of the accident on 22.05.2014 at about 3.30 p.m. and the resultant death of the deceased are not in dispute. On account of grievous injuries sustained in the road traffic accident, the deceased succumbed to the injuries on the spot. The deceased was aged about 28 years and hale and healthy. Due to his untimely death, the claimants have lost the only earning member of the family and suffered pain and mental agony and it has also affected social and economic condition of the family. Taking into consideration the age and avocation of the deceased, we can safely re-assess his income at Rs. 8,500/- per month; if 1/3rd (Rs. 2,833/-) is deducted towards personal expenses of the deceased, net income of the deceased would be Rs. 5,667/- per month. Taking into consideration the age and avocation of the deceased, we can safely re-assess his income at Rs. 8,500/- per month; if 1/3rd (Rs. 2,833/-) is deducted towards personal expenses of the deceased, net income of the deceased would be Rs. 5,667/- per month. The deceased was aged about 28 years and the appropriate multiplier applicable is 17'. Therefore, we re-determine the loss of dependency at Rs. 11,56,068/- (Rs. 5667/-x12x17). 9. Further, the Tribunal has erred in not awarding reasonable compensation under the conventional heads. Therefore, having regard to the facts and circumstances of the case, we deem it fit to award Rs. 1,50,000/- towards loss of love and affection, Rs. 1,00,000/- towards loss of consortium, Rs. 25,000/- towards loss of estate and Rs. 25,000/- towards transportation and funeral expenses. In all, the compensation works-out to Rs. 14,56,018/- as against Rs. 6,52,000/- awarded by the Tribunal. Accordingly, there would be enhancement of Rs. 8,04,068/- with interest @ 9% per annum from the date of petition till realization. 10. For the foregoing reasons, the appeal filed by the appellants is allowed in part. The judgment and award dated 30th October 2015 passed in M.V.C. No. 97/2014 on the file of the Senior Civil Judge & JMFC, M.A.C.T., Nanjangud, is hereby modified, awarding additional compensation of Rs. 8,04,068/- with interest @ 9% p.a. from the date of petition till realization. The third respondent/Insurer is directed to deposit the enhanced compensation amount along with interest within 3 weeks from the date of receipt of the copy of this judgment and award. Out of the enhanced compensation of Rs. 8,04,068/-, Rs. 2,00,000/- with proportionate interest shall be invested in the name of appellant No. 1 in the Fixed Deposit in any Nationalized/Scheduled Bank/Grameena Bank for a period of five years and renewable for five years, with liberty to her to withdraw the interest accrued on it, periodically. Rs. 3,00,000/- with proportionate interest shall be deposited in the name of appellant No. 2, in Fixed Deposit in any Nationalized/Scheduled Bank/Grameena Bank till she attains the age of 30 years, with liberty to appellant No. 1 to withdraw the interest accrued on it, till the appellant No. 2 attains the age of 21 years, for the welfare of the child. Further, the appellant No. 2 is permitted to withdraw the interest accrued on it periodically from the age of 22 years to 30 years. Rs. Further, the appellant No. 2 is permitted to withdraw the interest accrued on it periodically from the age of 22 years to 30 years. Rs. 2,00,000/- with proportionate interest shall be invested in the name of appellant No. 3 in the Fixed Deposit in any Nationalized/Scheduled Bank/Grameena Bank for a period of five years and renewable for five years, with liberty to her to withdraw the interest accrued on it, periodically. Remaining amount of Rs. 1,04,068/- with proportionate interest shall be released in favour of appellant Nos. 1 and 3, in equal proportion, immediately on deposit by the respondent No. 3/insurer. Office to draw the award, accordingly.