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Judgment
K.L. Manjunath, J.—The Appellant being not satisfied with the compensation awarded by the Motor Accidents Claims Tribunal (for short the Tribunal), Bangalore in MVC No. 4561/2004 dated 16-6-2006 has preferred this appeal on the ground that the compensation awarded by the Tribunal is on the lower side and the apportionment of compensation awarding 30% to the mother of the deceased, 10% to the elder brother and 15% to the sister of the deceased is on higher side.
We have heard the learned Counsel for the parties.
It is not in dispute that the Appellant is the widow of one Kanthachari who died in a road traffic accident that occurred on 6-7-2004 at about 3.15 p.m., near Rudrakshipura Bus Stop, while he was working as a loader and unloader in a Tractor and Trailer. The accident occurred due to the rash and negligent driving of the lorry bearing registration No. TN-23/Q-3699. The deceased was aged about. 25 years and he died on 10-7-2004 after prolonged medication. The Tribunal considering the income of the deceased at Rs. 3,000/- p.m. deducting 1/3 towards personal expenditure awarded a sum of Rs. 4,08,000/- under the head loss of dependency; Rs. 5,000/- towards medical expenditure; Rs. 5,000/- towards obsequies, Rs. 1,000/- towards transportation of dead body; Rs. 10,000/- towards consortium and Rs. 5,000/- towards loss of love and affection. In all awarded a compensation of Rs. 4,34,000/-. Out of which, 45% of the compensation is apportioned to the Appellant; 30% to the mother of the deceased; 10% to the elder brother and 15% to the disputed sister. Therefore, the present appeal is filed.
Since the mother, brother and sister of the deceased are not contesting the matter, we have to consider whether the Appellant is entitled to enhanced compensation or not?
Even if we consider the income of the deceased at Rs. 3,000/- p.m., we have to deduct 1/4 of his income towards his personal expenditure, then the loss of dependency would be Rs. 2,250/- p.m. and Rs. 27,000/- p.a. Considering the age of the deceased, we have to apply the multiplier of 18. Therefore, under the head loss of dependency, the claimant is entitled for compensation of Rs. 4,86,000/-. Out of which, if we deduct Rs. 4,08,000/- awarded by the Tribunal, the Appellant is entitled for enhanced compensation of Rs. 78,000/- under the head loss of dependency. Only Rs. 26,000/- was awarded under the conventional heads. However, we are inclined to award another sum of Rs. 24,000/- under the conventional heads. In all the Appellant is entitled to enhanced compensation of Rs. 1,02,000/-.
In the result, the appeal is allowed in part. The Appellant is entitled to enhanced compensation of Rs. 1,02,000/- and the same shall be paid to the Appellant alone with interest at the rate of 6% p.a. from the date of petition till the date of payment. Out of the enhanced compensation, Rs. 75,000/- with interest accrued thereon is ordered to be deposited in the name of the Appellant. Rest of the amount be released to the her.