Irappa and Another vs Keshava and Co. and Another

T.N. Vallinayagam, J.—Aggrieved by the inadequacy of the compensation granted for the death of one Vishnu Kulkarni aged about 14 years in the accident that took place on 20.4.1993 at about 4.00 p.m. involving vehicle No. AP 04-T 2028 going from Sindagi to Moratagi at a place 5 km. from Sindagi, the parents are before this Court in the above appeal.

The factum of death and the negligence on the part of the driver of the vehicle is confirmed. No appeals have been preferred challenging the above. Coming to the quantum of compensation, the claim is for Rs. 2,67,000 on the ground that the boy was earning monthly Rs. 900, the court below has granted Rs. 50,000 u/s 140, Sub-clause (2) of the Motor Vehicles Act, Rs. 2,000 for funeral expenses, Rs. 2,500 for loss to estate, totally a sum of Rs. 3,500 for loss of love and affection. Thus, a sum of Rs. 58,000 was granted.

Having regard to the submissions made by the counsel relying upon the dictum of the Supreme Court in Shanti Bai and Others Vs. Charan Singh and Others, wherein, the Supreme Court for the death of a boy of 18 years have granted a sum of Rs. 1,50,000 as a lump sum. Reliance also was placed upon the Division Bench decision of this Court in Smt. Puttamma and Another Vs. D.V. Krishnappa and Another, when again, Rs. 1,60,000 was granted in respect of a boy aged about 14. I deem it proper to grant a sum of Rs. 1,08,000 instead of Rs. 50,000 granted by the court below. This amount is arrived at taking into consideration that the income of the boy was Rs. 900 and deducting 1/3rd the annual income is taken as Rs. 7,200, applying the same multiplier of the Division Bench, viz., 15, Rs. 1,08,000 is arrived at. Other grants made under other heads are confirmed. Thus, a sum of Rs. 1,16,000 rounding it off to Rs. 1,20,000 is granted as compensation instead of Rs. 58,000 granted by the court below. The additional compensation together with interest from the same date, shall be kept in fixed deposit for a period of five years.