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Judgment
N.K. Patil, J.—This appeal is filed by the claimants, being aggrieved by the impugned Judgment and Award dated 5th August 2010 passed in M.V.C. No. 389/2007 (Old No. 483/2007) on the file of the learned III Additional Senior Civil Judge and M.A.C.T., Davanagere. The Tribunal by its impugned Judgment and Award, awarded a sum of Rs. 5,24,500/- with interest at 6%p.a. from the date of petition till realization on account of the death of deceased late B.R. Lingaraju in the road traffic accident. The claimants have presented this appeal on the ground that the quantum of compensation awarded by the Tribunal is inadequate and requires enhancement.
The brief facts of the case of the claimants/appellants on hand are that, the claimant No. 1 is the wife, claimant No. 2 is the son and claimant No. 3 is the mother of deceased B.R. Lingaraju. They have filed a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation on account of untimely death of deceased B.R. Lingaraju in a road traffic accident that occurred on 17.08.2006 at about 7.15 p.m. contending that when the deceased was proceeding near Ballapura Village in Harihara Taluk in his motor cycle bearing Regn. No. KA-17/Q-7272 on the left side of Ballapura-Kenchanahalli Road, at that time, the rider of the motor cycle bearing Regn. No. KA-17/U-1534 came from opposite side with high speed and in a rash and negligent manner and dashed against the motor cycle of the deceased. Due to impact he fell down and sustained fracture to the right leg and other injuries. Immediately, he has been shifted to Bapuji Hospital, Davanagere, where he took treatment as inpatient from 17.08.2006 to 21.08.2006 and on 21.08.2006 he was shifted to City Medical Centre for higher treatment. In spite of best efforts they could not save the deceased and he succumbed to injuries on 23.08.2006 leaving behind, the appellants/claimants herein.
Further, it is the case of the appellants that the deceased was aged about 47 years at the time of accident and he was a Civil Engineer working in a Private Company, M/s. Suresh Malpari and Company, Kumarapatnam, Ranebennur as per the communication issued by the Branch Manager, Life Insurance Corporation of India dated 04.02.1995. He was the only bread earning member in the family. On account of untimely death of deceased, the 1st claimant - wife has lost her life partner at an young age, the son has lost love and affection, inspiration and guidance and the mother has lost social, moral and financial security. During the pendency of the claim petition before the Tribunal, the mother of the deceased Ambakka also died leaving behind the appellants herein. On account of untimely death of the deceased in the road traffic accident, they have lost the social and economic condition of the family and they have to be compensated by awarding reasonable compensation. Taking all these facts into consideration, they have filed claim petition before the Tribunal under Section 166 of the Motor Vehicles Act, claiming compensation against the respondents - Insurer, owner and the rider of the motorcycle.
The said matter had come up for consideration before the Tribunal. The Tribunal in turn after due consideration of the oral and documentary evidence and the materials available on record has allowed the claim petition in part by awarding a sum of Rs. 5,24,500/- with interest at 6% p.a. from the date of petition till the date of realization. Being dissatisfied with the impugned Judgment and Award passed by the Tribunal, the appellants herein have presented this appeal seeking enhancement of compensation.
It is the submission of the learned Counsel appearing for the appellants, Sri. B.H. Shanthappa at the outset that, the Tribunal has erred in taking the income of the deceased at only Rs. 4,500/- per month as the deceased was B.E. Graduate working in Private Company. He submitted that, mere non-production of salary certificate, non-examination of the Employer, non-production of statement of bank account do not take away the proper assessment of the income of the deceased. Having regard to the age of the deceased, avocation and dependents being wife and son, he submitted that the income of the deceased may be taken reasonably and 1/3rd may be deducted towards personal expenses, and by applying the multiplier of 13 award reasonable compensation towards loss of dependency. Further, he has also submitted that the Tribunal failed to award reasonable compensation towards conventional heads. Therefore, he submits that the impugned judgment and award may be modified awarding reasonable compensation.
Per contra, the learned Counsel appearing for the 3rd respondent - insurer Sri. A.M. Venkatesh inter-alia contended and sought to substantiate the impugned Judgment and award passed by the Tribunal stating that the same is passed after due consideration of entire material available on file and awarded just and reasonable compensation and hence, the same does not call for interference by this Court.
After careful consideration of the submissions of learned Counsel appearing for the appellant and the learned Counsel appearing for the respondent - insurer and after evaluation of the records available on record, the only point that arise for consideration is:
"Whether the quantum of compensation awarded by the Tribunal is just and reasonable"?
The occurrence of accident and the resultant death of deceased in the road traffic accident are not in dispute. Further, it is not in dispute that the deceased was aged about 47 years and working as Civil Engineer in a private company. The claimant Nos. 1 to 3 are wife, son and the mother of the deceased, which is also not in dispute. However, during the pendency of the appeal, the 3rd appellant - mother of the deceased also passed away. The road traffic accident occurred on 17.08.2006. After careful examination of the original records, what emerges is that at page No. 61 of the original records, the Provisional Certificate issued by the Principal dated 07.05.1984 shows that the deceased was a student during the academic years 1978-79 to 1982-83 and he has passed the B.E. Degree Examination in Civil of Bangalore University held in the month of December 1983 vide Reg. No. 56517 and secured 1st Class with Distinction. His character and conduct are good throughout his stay in the said Institution.
However, the Tribunal was not properly assisted by the learned Counsel appearing for the claimants to mark the said document which is very much available in the original file. Therefore, what emerges after evaluation of the records available in the file is that, the deceased was a Civil Engineer and at page No. 62 of the original records, a letter dated 04.02.1995 addressed by the Branch Manager, Life Insurance Corporation of India to the deceased B.R. Lingaraj shows that the deceased was working with M/s. Suresh Malpari and Company, C/o Sangam Motels Complex, Kumarapatnam. These two documents at page Nos. 61 and 62 available in the original records, reveal that he was a qualified Civil Engineer. If we take into consideration these documents, which are available on record, we can safely reassess the income of the deceased at Rs. 8,000/- per month as the accident occurred in the year 2006, to meet the ends of justice. Out of which, if 1/3rd is deducted towards personal expenses, it comes to Rs. 5,334/-. The deceased was aged about 47 years the appropriate multiplier applicable is 13. Accordingly, we re-determine the loss of dependency at Rs. 8,32,104/- (Rs. 5,334 x 12 x 13).
Having regard to the facts and circumstances of the case and in the light of the decisions of the Apex Court and this Court, we deem fit to award Rs. 50,000/- as per the decision reported in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, towards conventional heads such as loss of consortium, loss of estate, loss of love and affection and transportation and funeral expenses. Hence, the claimants are entitled for a total compensation of Rs. 8,82,104/- as against Rs. 5,24,500/- awarded by the Tribunal. There will be enhancement of compensation of Rs. 3,57,604/- with interest at 6% p.a. from the date of petition till the date of realization.
Having regard to the facts referred above, the instant appeal filed by the appellants is allowed in part. The impugned Judgment and Award passed by the Tribunal dated 5th August 2010 in M.V.C. No. 389/2007 (Old No. 483/2007) on the file of the III Additional Senior Civil Judge and M.A.C.T., Davanagere is hereby modified awarding Rs. 3,57,604/- with interest at 6% p.a. from the date of petition till realization of the amount, in addition to the compensation awarded by the Tribunal.
The 3rd respondent - Insurer herein is directed to deposit the enhanced amount with interest within a period of three weeks from the date of receipt of copy of this judgment and award.
Out of the enhanced compensation of Rs. 3,57,604/-, Rs. 2,50,000/- with proportionate interest shall be invested in Fixed Deposit in the name of the 1st appellant - wife of the deceased in any Nationalized or Scheduled Bank or Grameena Bank, for a period of ten years and renewable for another five years and she is entitled to withdraw the periodical interest accrued on it.
Remaining sum of Rs. 1,07,604/- with proportionate interest shall be released in favour of the appellant No. 1 immediately on deposit by the 3rdd respondent - Insurer.
Draw the award, accordingly.