Varalakshmi W/o. Late T. Vishvesh v. Vidya K. Shastri W/o. Krishana Mahadeva
2018-03-13
N.K.SUDHINDRARAO
body2018
DigiLaw.ai
JUDGMENT : 1. Thisappeal is directed against the judgment and award dated 05-02-2011 passed by the learned Member, MACT, Nagamangala Taluk (hereinafter referred to as ‘the Tribunal’ for short) in MVC No.137/2008 (old No.1833/2008) whereby the Tribunal has partly allowed the claim petition filed under Section 166 in respect of the road traffic accident that lead to death of an auto driver T. Vishvesh. 2. It is the case of the claimants that on 11-07-2008, while T.Vishvesh was driving the auto-rickshaw bearing registration No.KA-05/A-8456 at 2.45 p.m., near Vijayalakshmi Saree Center on T. Mariyappa Road, the driver of the bus bearing Registration No.KA-03/MH-7519 drove the same in a rash and negligent manner and dashed against the auto-rickshaw, as a result of which, the said T.Vishvesh sustained grievous injuries and succumbed to the same on 12-07-2008. The claimants, being the legal representatives of the deceased had filed the claim petition seeking compensation on various grounds including loss of dependency. 3. The Tribunal adjudicated the matter considering the factor of accident, death of auto driver T.Vishvesh, status of the family and probable income of the deceased, partly allowed the claim petition filed under Section 166 of the Motor Vehicles Act by awarding compensation of Rs.5,97,000/- with interest at the rate of 6% p.a. 4. In the context of the matter, the main denial is regarding quantum of compensation awarded by the Tribunal. The breakup of compensation, though not presented in the tabular column is as under: Towards loss of dependency Rs.5,67,000-00 Towards transportation of dead body Rs. 10,000-00 Towards loss of consortium Rs. 10,000-00 Towards loss of love and affection Rs. 10,000-00 TOTAL Rs.5,97,000-00 Being not satisfied with the compensation awarded by the Tribunal, the claimant has preferred this appeal seeking enhancement of compensation. 5. Sri.Ramachandra R Nayak, learned counsel appearing for the appellants would submit that the Tribunal ought to have considered the monthly income of the deceased at Rs.8,000/- which is opposed by Sri.H.S.Lingaraju, the learned counsel for the insurance company. 6. The Tribunal has reckoned the income of the deceased as Rs.4,500/- p.m., which was calculated at Rs.150/- per day. Though, the notional income calculated by the Tribunal is acceptable, the lapse is in not considering the future prospectus, having regard to the age of T.Vishvesh as 41 years and his occupation as auto driver.
6. The Tribunal has reckoned the income of the deceased as Rs.4,500/- p.m., which was calculated at Rs.150/- per day. Though, the notional income calculated by the Tribunal is acceptable, the lapse is in not considering the future prospectus, having regard to the age of T.Vishvesh as 41 years and his occupation as auto driver. Further, insofar as conventional heads are concerned, awarding Rs.30,000/- under the conventional heads is very meager and it needs to be enhanced to Rs.70,000/-. Considering the fact that the deceased was married having two daughters and a son, the Tribunal has rightly deducted 1/4th towards his personal living expenses. Hence, it is just and reasonable to assess the notional monthly income of the deceased at Rs.4,500/- p.m., adding 25% towards future prospectus it comes about Rs.1,125/-, the total income to be reckoned is Rs.5,625/- p.m. After deducting 1/4th towards his personal living expenses, the monthly income of the deceased can be safely assessed at Rs.4,219/-. Having regard to his age, the appropriate multiplier to be adopted is 14. Hence, the loss of dependency works out to Rs.7,08,792/- (4219 x 12 x 14 = 7,08,792). After deducting the compensation awarded by the Tribunal, the claimants are entitled to enhanced compensation of Rs.1,81,792/- which is rounded off to Rs.1,82,000/- with interest at the rate of 6% p.a. 7. Accordingly, the appeal is allowed in part. The judgment and award dated 05-02-2011 passed by the MACT, Nagamangala in MVC No.137/2008 (old No.1833/2008) is modified. The claimants are entitled to enhanced compensation of Rs.1,82,000/- with interest at the rate of 6% p.a. The insurance company is directed to deposit the compensation amount with interest, within an outer limit of four weeks from the date of receipt of a copy of this Judgment. The apportionment of the compensation amount is as ordered by the Tribunal.