Bhagyamma vs Sharma Transport and Others

N.K. Patil, J.—This is claimant''s appeal filed against the impugned judgment and award dated 23.11.2013 passed in MVC No. 561/2012 on the file of the Senior Civil Judge, MACT, Channarayapatna (hereinafter referred to as Tribunal'' for short), for enhancement of compensation.

The Tribunal by its judgment and award has awarded a sum of Rs. 6,51,000/- under different heads with interest at 6% per annum from the date of petition till the date of deposit, as against the claim of the claimant for a sum of Rs. 1,00,00,000/-, on account of the death of the deceased late Sri Ramesh @ Krishnegowda, in the road traffic accident.

In brief, the facts of the case are:

"The appellant is the wife of the deceased and she filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation of Rs. 1,00,00,000/- on account of the death of the deceased in the road traffic accident, contending that on 22.10.2011 at about 5.30 p.m. the deceased succumbed to the injuries while proceeding as a cleaner in Bus bearing Reg. No. KA-01-D-5678 on NH-4 near Habbalu-Haluvarthi Cross, opposite to Greenjvik Daba Hotel dashed against he parked lorries bearing Reg. Nos. KA-01-C-681 and KA-17-A-2651 due to rash and negligent driving by its driver. Due to the death of the deceased, the appellant has suffered mental agony and has spent amount towards transportation of the dead body, funeral and obsequies of the deceased."

The claim petition had come up for consideration before the Tribunal. The Tribunal after appreciating the oral and documentary evidence and other material available on record, has allowed the claim petition in part and awarded the compensation of Rs. 6,51,000/- under different heads with interest at 6% p.a. Not being satisfied with the compensation awarded by the Tribunal, the appellant has presented this appeal, for enhancement of compensation.

The submission of the learned counsel appearing for the appellant at the outset is that, the Tribunal has failed to assess the just and reasonable income of the deceased and the income assessed by the Tribunal is on the lower side since the accident has occurred on 22.10.2011 and by profession he was a cleaner in the bus and earning Rs. 10,000/- p.m. Therefore, he submitted that the income of the deceased may be re-assessed at Rs. 7,500/- per month at least. Due to his un-timely death, claimant has lost her husband and facing great mental shock and monetary loss. Further he submitted that instead of deducting 50% towards personal expenses of the deceased, 1/3rd may be deducted and a reasonable compensation be awarded towards loss of dependency and also conventional heads. Therefore, the impugned judgment and award passed by the Tribunal is liable to modified.

It is his further submission that the Tribunal has not awarded reasonable rate of interest on the compensation, therefore in the light of the judgment of the Hon''ble Apex Court and this Court and catena of decisions, the rate of interest may be awarded between 9% and 10% p.a.

Per contra, the learned counsel appearing for the Insurer inter alia contended and substantiated that, the impugned judgments and award passed by the Tribunal is just and proper. It is passed after considering the oral and documentary evidence and interference by this Court is not called for.

After considering the submissions made by the learned counsel appearing for both the parties and on perusal of the material available on record, including the impugned judgment and award passed by the Tribunal, the only point that arise for consideration is:

"Whether the quantum of compensation awarded by the Tribunal is just and reasonable?"

It is not in dispute that the deceased died in the road traffic accident. It is stated that, the deceased was aged about 35 years at the time of accident, hale and healthy and looking after the welfare of the appellant and was a cleaner in the bus earning Rs. 10,000/- p.m. The claimant is none other than the wife of the deceased, who has lost her life partner and her life is jeopardized due to his untimely death. Further it can be seen that the Tribunal is justified in assessing the income of the deceased at Rs. 6,000/- per month and deducting 50% towards personal expenses of the deceased considering the fact that the claimant is the sole dependant and adopting a correct multiplier of 16'' and awarded compensation of Rs. 5,76,000/- towards Loss of Dependency. The same is just and proper and interference in the same is not called for.

Considering the facts and circumstances of the case that at the age of 33 years, she has lost her husband at an young age and in the light of the various judgments of the Hon''ble Apex Court and this Court, we deem it fit to award Rs. 25,000/- towards loss of estate, Rs. 1,00,000/- towards loss of love and affection, Rs. 1,00,000/- towards loss of consortium and Rs. 25,000/- towards funeral and transportation expenses. In all, the claimant is entitled for Rs. 8,26,000/- as against Rs. 6,51,000/- awarded by the Tribunal.

Having regard to the facts and circumstances of the case, as stated above, appeal is allowed in part. The impugned judgment and award passed by the Tribunal dated 23.11.2013 in MVC No. 561/2012 is hereby modified. The total compensation payable comes to Rs. 8,26,000/- as against Rs. 6,51,000/- awarded by the Tribunal. There will be an enhancement of Rs. 1,75,000/.

Further, as rightly pointed out by the learned counsel for the appellants, the rate of interest awarded is on lower side. In the light of the judgment of the Hon''ble Apex Court & this Court, in catena of decisions, since the accident has occurred in the year 2011, we award 9% interest p.a. on the entire compensation from the date of petition till the date of realization.

The second respondent-Insurer is directed to deposit the enhanced compensation of Rs. 1,75,000/- with accrued interest at 9% p.a. on the entire compensation from the date of petition till the date of realisation, within three weeks from the date of receipt of a copy of this judgment.

Out of the enhanced compensation, Rs. 1,00,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank, in the name of the appellant-wife for a period of ten years and renewable for five years, with liberty for her to withdraw the interest accrued on it periodically.

The remaining Rs. 75,000/- with accrued interest shall be released in favour of the appellant immediately, on deposit by the 2nd respondent-Insurer.

Draw the award, accordingly.