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2016 DIGILAW 278 (KAR)

Saraswathi v. Shettalaiah

2016-03-17

N.K.PATIL, RATHNAKALA

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JUDGMENT : N.K. Patil, J. This appeal by the appellants-claimants is directed against the impugned judgment and award dated 31-8-2015, passed in MVC No. 760/2014, by the III Additional District Judge and IV Motor Accident Claims Tribunal, Tumkur (hereinafter referred to as 'Tribunal' for short), for enhancement of compensation, on the ground that, a sum of Rs. 10,21,000/- awarded by the Tribunal under different heads with interest at 6% per annum from the date of petition till realization, as against the claim Rs. 25,00,000/- on account of the death of the deceased Sri Narasimhamurthy, in the road traffic accident is inadequate. 2. In brief, the facts of the case are : The appellants are the wife, two minor children and mother of the deceased. They along with the father of the deceased have filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondents, on account of the death of the deceased in the road traffic accident, contending that, on 7-5-2013 at about 3.30 p.m. deceased was travelling in Tata Sumo bearing Reg. No. KA.04.B.1295 from Sira towards Tumkur and the driver of the said Tata Sumo drove the same in a rash and negligent manner on Sira-Tumkur NH-4 road near National Hotel and dashed against the road divider and capsized. Due to which, deceased sustained grievous injuries. Immediately, he was shifted to Nimhans and later to Sridevi Hospital and Rajalakshni Nursing Home, Tumkur and later he died on 6-10-2013 due to injuries. It is the further case of the appellants that, they spent more than Rs. 5.00 lakhs towards medical and other incidental expenses. Deceased was aged about 43 years, hale and healthy prior to the accident, working as a labourer at Sri. Shaminyana Tumkur and earning Rs. 7,500/- per month and looking after the welfare of the family by contributing his entire earnings to the family. 3. The said claim petition had come up for consideration before the Tribunal. The Tribunal, after appreciating the oral and documentary evidence and other material available on file, has allowed the claim petition in part and awarded the compensation of Rs. 10,21,000/- under different heads with interest at 6% p.a., from the date of petition till its realization. 4. Being dissatisfied with the quantum of compensation and the rate of interest awarded by the Tribunal, the appellants have presented this appeal, for enhancement. 5. 10,21,000/- under different heads with interest at 6% p.a., from the date of petition till its realization. 4. Being dissatisfied with the quantum of compensation and the rate of interest awarded by the Tribunal, the appellants have presented this appeal, for enhancement. 5. We have gone through the grounds urged in the memorandum of appeal and heard learned counsel for 2nd respondent-Insurer. 6. It is the case of the appellants that, deceased was doing labour work and earning Rs. 15,000/- per month. Deceased met with an accident on 7-5-2013, he was hospitalized for 60 days on different dates at different hospitals and he succumbed to the injuries on 6-10-2013 and therefore, the Tribunal has erred in not awarding reasonable compensation towards loss of dependency, towards medical expenses, including incidental expenses and what is awarded is on the lower side and is liable to be enhanced, on the ground that, he was the only earning member in the family, appellants are his wife, two minor children and parents. Therefore, he submitted that the income of the deceased may be re-assessed between Rs. 8,000/- to Rs. 8,500/- per month, after deducting the towards his personal and living expenses and applying 14' multiplier, reasonable compensation may be awarded towards loss of dependency. Further, it is the case of the appellants that compensation awarded by the Tribunal towards conventional heads and the rate of interest awarded at 6% p.a. is on the lower side and contrary to the law laid down by the Apex Court and this Court. Therefore, he submitted that the impugned judgment and award is liable to be modified. 7. As against this, learned counsel appearing for respondent-Corporation, inter alia, contended and substantiated that the impugned judgment and award passed by the Tribunal is just and proper and after due appreciation of the oral and documentary evidence available on file and therefore, it does not call for interference. However, after going through the impugned judgment and award, he submitted that the Tribunal has deducted ?rd towards his personal and living expenses instead of th and the same may be considered in accordance with law. However, he submitted that the Tribunal has justified in assessing the income of the deceased at Rs. However, after going through the impugned judgment and award, he submitted that the Tribunal has deducted ?rd towards his personal and living expenses instead of th and the same may be considered in accordance with law. However, he submitted that the Tribunal has justified in assessing the income of the deceased at Rs. 7,500/- per month as pleaded by the appellants, the same may be accepted as considering any future prospects will not arises, Further, he submitted that the compensation awarded towards conventional heads is on the lower side and same may be considered in accordance with law. 8. After going through the grounds urged in the memorandum of appeal and after hearing learned counsel appearing for the Insurer and after careful perusal of the material available on record at threadbare, including the impugned judgment and award passed by the Tribunal, the only point that arises for our consideration is : Whether the compensation awarded by the Tribunal is just and reasonable? 9. Occurrence of the accident on 7-5-2013 it 3.30 p.m. and the resultant death of the deceased on 6-10-2013 are not in dispute. It is the case of the appellants that deceased was aged about 43 years, hale and healthy prior to the accident, only earning member in the family and doing labour work. The dependants are his wife, two minor children and parents. Taking into consideration the age and occupation of the deceased and the year of accident, we re-assess the income of the deceased at Rs. 8,500/- per month to meet the ends of justice instead of Rs. 7,500/- per month as assessed by the Tribunal. Out of which, if the (Rs. 2,125/-) is deducted towards the personal and living expenses of the deceased, his contribution to the family comes to Rs. 6,375/- per month. The proper multiplier applicable is 14' since deceased was aged about 43 years as rightly adopted by the Tribunal in view of the law laid down by the Apex Court in Sarla Verma's case and we accept the same. Therefore, we re-deter-mine the loss of dependency at Rs. 10,71,000/- (Rs. 6,375/- x 12 x 14) instead of Rs. 8,40,000/- as awarded by the Tribunal and accordingly, it is awarded. 10. The compensation awarded towards conventional heads awarded by the Tribunal is on the lower side as rightly submitted by the learned counsel appearing for appellants. Therefore, we re-deter-mine the loss of dependency at Rs. 10,71,000/- (Rs. 6,375/- x 12 x 14) instead of Rs. 8,40,000/- as awarded by the Tribunal and accordingly, it is awarded. 10. The compensation awarded towards conventional heads awarded by the Tribunal is on the lower side as rightly submitted by the learned counsel appearing for appellants. The same is liable to be enhanced. On account of the untimely death of the deceased, who was the only earning member in the family, appellant No. 1, wife, has lost her companion at her young age of 35 years, appellant Nos. 2 and 3, minor children aged about 18 and 12 years are deprived of the love and affection, guidance and security of their father and appellant No. 4 mother of the deceased has lost her son and sufficient mental shock and agony and his untimely death has affected the social and financial condition of the family. Therefore, having regard to the facts and circumstances of the case and in the light of the law laid down by the Apex Court and this Court, we deem it fit to award a sum of Rs. 1,00,000/- towards loss of consortium, Rs. 2,00,000/- towards loss of love and affection at the rate of Rs. 50,000/- to the each of the appellant Nos. 1 to 4, Rs. 25,000/- towards loss of estate and Rs. 25,000/- towards transportation and funeral expenses and Rs. 1,50,000/- towards medical expenses including incidental expenses j as against Rs. 1,00,000/- awarded by the Tribunal since deceased met with an accident on 7-5-2013 and died on 6-10-2013 and during the said period he took treatment in different hospitals. In all, the appellants are entitled to a total compensation of Rs. 15,71,000/- instead of Rs. 10,21,000/- as awarded by the Tribunal. 11. Regarding rate of interest, as rightly pointed out by the learned counsel appearing for the appellants, 6% interest per annum awarded by the Tribunal is on the lower side, since the accident is of the year 2013. In the light of the judgment of Apex Court and this Court, we awarded the rate of interest at 9% per annum on the enhanced compensation instead of 6% awarded by the Tribunal. There would be an enhancement of Rs. 5,50,000/- with interest at 9% p.a., on the enhanced compensation awarded from the date of petition till its realization. 12. In the light of the judgment of Apex Court and this Court, we awarded the rate of interest at 9% per annum on the enhanced compensation instead of 6% awarded by the Tribunal. There would be an enhancement of Rs. 5,50,000/- with interest at 9% p.a., on the enhanced compensation awarded from the date of petition till its realization. 12. For the foregoing reasons, the appeal filed by the appellants is allowed in part. The impugned judgment and award dated 31-8-2015, passed in MVC No. 760/2014, by the III Additional District Judge and IV Motor Accident Claims Tribunal, Tumkur, is hereby modified, awarding a sum of Rs. 5,50,000/- in addition to the compensation awarded by the Tribunal, with interest at 9% p.a. from the date of petition till its realization. 13. 2nd Respondent is directed to deposit the enhanced compensation with interest at 9% p.a.. from the date of petition till its realization, within a period of three weeks from the date of receipt of a copy of this judgment. 14. Immediately on such deposit by the 2nd respondent, out of the enhanced compensation of Rs. 5,50,000/-, a sum of Rs. 1,00,000/- shall be invested in the Fixed Deposit in the name of appellant No. 1, wife of the deceased, in any Nationalized or Scheduled or Grameena Bank, for a period of 10 years, renewable by another 05 years, with liberty reserved to her to withdraw the interest accrued on it, periodically. 15. A sum of Rs. 1,00,000/- each shall be invested in the Fixed Deposit in the names of each of the appellant Nos. 2 and 3, in any Nationalized or Scheduled or Grameena Bank, till they attain 30 years, with liberty reserved to the appellant No. I to withdraw the interest accrued on it, till they attain 22 years for their welfare and from 23 years to 30 years, they are at liberty to withdraw the interest accrued on it, periodically. 16. A sum of Rs. 1,00,000/- shall be invested in the Fixed Deposit in the name of appellant No. 4, mother of the deceased, in any Nationalized or Scheduled or Grameena Bank, for a period of 05 years, with liberty reserved to her to withdraw the interest accrued on it, periodically. 17. Remaining sum of Rs. 50,000/- with accrued interest shall be released in favour of the appellant Nos. 1 and 4 in equal proportion immediately. 18. 17. Remaining sum of Rs. 50,000/- with accrued interest shall be released in favour of the appellant Nos. 1 and 4 in equal proportion immediately. 18. Draw the award accordingly.