Chaluvambika vs H. Hanumanthappa and Others

N.K. Patil, J.—This appeal by the claimant is directed against the impugned judgment and award dated 24.02.2012 passed in MVC No. 254/2008 on the file of the I Additional Senior Civil Judge & MACT-V, Davangere, (hereinafter referred to as Tribunal'' for short), for enhancement of compensation.

The Tribunal by its judgment and award has awarded a sum of Rs. 3,67,000/- under different heads with interest at 6% per annum from the date of petition till the date of deposit, to the claimant on account of the death of the deceased Chandrappa in the road traffic accident. Being aggrieved by the quantum of compensation awarded by the Tribunal as inadequate and requires enhancement, she felt necessitated to present this appeal.

In brief, the facts of the case are as under: Claimant is the wife of the deceased Chandrappa who was working as a Secretary of Belagere Grama Panchayath. Be that as it may, he met with an accident on 01.01.2007 at about 11.00 p.m. near Belanahalli Cross on Chitradurga-Chellakere Road, when he was traveling in his motorbike bearing Registration No. KA-16/L-9015, as a pillion rider and the rider of the said vehicle rode in a rash and negligent manner and caused the accident, as a result of which, the husband of the claimant fell down and sustained grievous head injuries and succumbed to be injuries at the spot.

It is contended that, the deceased was the only earning member in the family and was aged about 53 years at the time of accident. On account of untimely death of the deceased, the claimant has lost security, guidance and inspiration in life and suffered mental agony. She has lost her life partner. His death has affected the social and economic condition of the family. The claimant filed a claim petition under Section 166 of the M.V. Act before the Tribunal and the said claim petition had come up for consideration before the Tribunal. The Tribunal after appreciating the oral and documentary evidence, considering the age and avocation, has allowed the claim petition in part and awarded the compensation of Rs. 3,67,000/- under different heads with interest at 6% p.a., from the date of petition till the date of deposit of the award amount. Being dissatisfied with the judgment and award passed by the Tribunal, the claimant has presented this appeal.

The submission of Sri Prakash H.C. learned Counsel appearing for the claimant, at the outset is that, the Tribunal has committed an error in taking the income of the deceased at only Rs. 4,000/- per month, which is on the lower side. To substantiate the same, he submitted that the deceased was aged about 53 years; and hale and healthy at the time of the accident and was working as a Secretary in Belegere Grama Panchayat and earning a sum of Rs. 15,000/- per month. The deceased was physically fit at the time of the accident and due to sudden & unnatural demise of the deceased, the claimant is put to mental agony and misery. It is further contended that, whatever the deceased used to earn, he used to spend the same towards the welfare of the family. This aspect of the matter has not been considered by the Tribunal. Therefore, he submitted that the income of the deceased may be reassessed reasonably and reasonable compensation be awarded towards loss of dependency and also conventional heads.

Per contra, the learned Counsel appearing for the respondents, inter alia, contended and sought to substantiate the impugned judgment and award passed by the Tribunal stating that it is passed after due appreciation of the oral and documentary evidence available on record. Therefore, the impugned Judgment and award does not call for interference and prayed for dismissal of the appeal.

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?"

The occurrence of the accident resulting in the death of deceased is not in dispute. Further it is not in dispute that, the claimant is the wife of the deceased. He was aged 53 years and working as a Secretary in Belegere Grama Panchayat and earning a sum of Rs. 6,757/- per month as per Ex. P9 -Salary certificate, which is not in dispute. The claimant was aged about 46 years and has no financial security. She has lost the companionship and put to deep mental discomfort and unhappiness in life. However, the Tribunal has erred in taking the income of the deceased at only Rs. 4,000/- per month. The same is on the lower side. Having regard to the age, avocation, year of the accident being 2007, and the fact that he was the only earning member in the family and dependent is his wife, I can safely re-assess the income at Rs. 6,757/- per month, as Ex. P9 is not disputed, to meet the ends of justice. Out of Rs. 6,757/-, if 1/3rd is deducted towards personal expenses of the deceased, the remaining amount would be Rs. 4,505/- per month. The age of the wife of the deceased was 46 years at the time of the accident and the appropriate multiplier applicable is 11. Accordingly, the claimant is entitled towards loss of dependency at Rs. 5,94,660/- (Rs. 4505/- x 12 x 11).

Having regard to the facts and circumstances of the case, age, avocation, the amount of pain, agony, discomfort, the claimant has undergone due to untimely death of the deceased, I deem it fit to award a sum of Rs. 50,000/- towards "conventional heads", as against Rs. 15,000/- awarded by the Tribunal. Thus, in all, the claimant would be entitled to Rs. 6,44,660/- as against Rs. 3,67,000/- awarded by the Tribunal with interest at 6% p.a. on the enhanced compensation amount from the date of petition till the date of realization.

Having regard to the facts and circumstances of the case, as stated above, the appeal filed by the claimant is allowed in part. The impugned judgment and award dated 24.02.2012 passed in MVC No. 254/2008 on the file of the I Additional Senior Civil Judge & MACT-V at Davangere is hereby modified. There will be an enhancement of Rs. 2,77,660/- with interest at 6% p.a. from the date of petition till the date of realization.

Respondent No. 2 is directed to deposit the enhanced compensation amount of Rs. 2,77,660/- with interest at 6% p.a. from the date of petition till the date of realization, within a period of three weeks from the date of receipt of a copy of this judgment.

Out of the enhanced compensation, Rs. 2,00,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank, in the name of the appellant for a period of five years and renewable for another five years, with liberty to appellant to withdraw the periodical interest accrued on it.

The remaining amount of Rs. 77,660/- with proportionate interest shall be released in favour of the appellant, immediately on deposit by the respondent No. 2.

Draw up the award, accordingly.