Babu vs Ratansingh Sidram Vs Babu

Ravi V. Malimath, J.—Aggrieved by the order of the Tribunal, the claimant has filed the present appeal seeking enhancement of compensation.

The case of the claimants is that on 22.1.2005 at about 10.30 p.m. deceased Dhanaji was travelling in his mini truck No. KA-28/4971 and there were other persons also travelling. A truck bearing No. MP-14/J-0993 was parked on the road. Without seeing the same, mini truck went and dashed against the lorry. The deceased sustained injuries and died on the spot. The claimants namely, wife, parents and minor children have filed the claim petition. On contest, the Tribunal awarded total compensation of Rs. 4,63,000/-. It held the sole insurer in MVC 399/2005 the New India Assurance Company liable to an extent of 25% and 75% on the driver of the other vehicle. Hence, 25% as awarded in a sum of Rs. 1,15,750/- along with interest was directed to be paid by the New India Assurance Company. Seeking enhancement, the claimants have filed MFA No. 31303/2010

The deceased was said to be an owner of the lorry and an agriculturist and drawing income of Rs. 10,000/- per month. However, the Tribunal held his income at Rs. 32,000/- per annum. The same is on the lower side. The accident occurred on 22.1.2005. Hence, it would be appropriate to hold his income at Rs. 5,000/- per month. 1/4th has to be deducted towards his personal expenses which is just and appropriate. He was aged 28 years. The appropriate multiplier has been adopted by the Tribunal. Hence, the loss of dependency works out as follows;

Rs. 5,000/- less 1/4th x 12 x 17 = Rs. 7,65,000/-.

The amount awarded towards loss of expectancy of life does not arise. The same is deleted. Rs. 1,00,000/- is awarded towards loss of consortium, Rs. 25,000/- is awarded towards funeral expenses and Rs. 15,000/- is awarded towards litigation expenses in terms of the judgment of the Hon''ble Supreme Court reported in Rajesh and Others Vs. Rajbir Singh and Others, . A sum of Rs. 20,000/- is awarded to each of the claimants 2, 3 and 4 towards loss of love and affection.

The compensation now awarded is as follows:

Hence, in all the compensation is enhanced by a sum of Rs. 5,57,000/- (Rs. 9,65,000/- less Rs. 4,08,000/-) which shall carry interest at the rate of 9% per annum from the date of the petition till the date of payment. The Respondent insurer New India Assurance Company is directed to satisfy the 25% of the amount within a period of 12 weeks from the date of receipt of copy of this order.

MFA No. 31304/2010 is filed by the injured claimant. He was said to be an agriculturist and earning Rs. 10,000/- per month. A sum of Rs. 75,000/- globally has been awarded directing 25% of the same to be satisfied by the New India Assurance Company and 75% on United India Insurance Company. Hence, he seeks enhancement.

The accident of the year 2005. It is appropriate to hold his income at Rs. 5,000/- per month. In view of the injuries, it is appropriate to hold whole body disability at 10%. He was aged 35 years. The appropriate multiplier would be 16. Hence, the loss of future income works to as follows;

Rs. 5,000/- x 12 x 16 x 10%= Rs. 96,000/-

A sum of Rs. 20,000/- is awarded towards pain and suffering. Rs. 20,000/- is awarded towards loss of amenities. Towards food, nourishment, conveyance charges, Rs. 10,000/- is awarded. A sum of Rs. 15,000/- is awarded towards litigation expenses.

The compensation now awarded is as follows:

Hence, in all the compensation is enhanced by a sum of Rs. 86,000/- (Rs. 1,61,000/- less Rs. 75,000/-) which shall carry interest at the rate of 9% per annum from the date of the petition till the date of payment. The respective liability of insurers to satisfy as held by the Tribunal is undisturbed.

The amount in deposit be transmitted to the Tribunal for necessary orders.