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Judgment
The case of the claimant is that on 19.06.2009, at about 6.55 a.m., when the deceased was riding a motor cycle bearing registration No. KA-03-W-4079 near Ramamurthy Nagar signal, a tempo traveller bearing registration No. KA-03-AD-4002 came in a rash and negligent manner and dashed against him. He sustained grievous injuries and died.
It is contended that the accident occurred due to the negligence of the driver of the offending vehicle. The wife of the deceased, the minor son and the father filed a claim petition under Section- 166 of the Motor Vehicles Act. The Tribunal awarded a sum of Rs. 11,75,100/- along with interest. Seeking enhancement, the claimants have filed the present appeal.
The accident and liability are admitted. The deceased is said to be a mechanical engineer by profession. He was aged about 43 years on the date of accident and was employed with M/s. Prism Surface Coatings Private Limited, Bangalore. The Tribunal held his income at Rs. 10,000/- per month. In support of the income of the deceased I.A. 1/2014 has been filed for production of additional documents under Order-41, Rule- 27, read with Section- 151 of C.P.C. The documents sought to be relied on is the bank pass book of the deceased. For the month the accident occurred, his monthly income is shown as Rs. 37,640/-, so also the salary paid on 02.03.2009 is Rs. 36,095/-, the salary for the other months varies from one and another. The salary paid on 02.04.2009 is Rs. 33,824/-, on 02.05.2009 is Rs. 37,640/- and on 01.06.2009 is Rs. 37,640/- etc.
There is no serious dispute with regard to the contents of the passbook. However, it is objected on the ground that the salary is not consistent. We have considered the objections. The contentions are well accepted. The salary for the immediately previous month to the accident was Rs. 37,640/-. The salary for the other months was much lower. Therefore, the notional income would have to be considered based on the entry of the passbook with regard to receipt of the salary. Having examined the salary received by the deceased for all the dates mentioned therein, we are of the considered view that after deducting the Income Tax, it would be appropriate to hold his monthly income at Rs. 33,000/- per month. He was aged about 43 years. Hence, the appropriate multiplier is ''14''. Further, 30% is added towards loss of future prospects''. Accordingly, the loss of dependency is worked out as follows:
"Rs. 33,000 + Rs. 9,900 (30%) = 42,900/-
Rs. 42,900 x 12 x 14 = Rs. 72,07,200/-"
Towards conventional heads such as funeral expenses, loss of estate, loss of consortium, loss of love and affection, etc. a sum of Rs. 2,00,000/- in all is awarded.
Hence, the amount awarded by the Tribunal is enhanced by Rs. 60,32,100/- (Rs. 72,07,200/- less Rs. 11,75,100/-) along with interest at 9% per annum from the date of the petition till the date of the realisation and shall be paid within a period of 8 weeks from the date of receipt of a copy of this order.
Out of the amount awarded, 50% of the compensation along with interest shall be paid in favour of the widow-the first claimant, of which Rs. 10,00,000/- (Rupees Ten Lakhs Only) shall be kept in Recurring Fixed Deposit for a period of five years and the rest shall be released in her favour. Further, 40% of the remaining compensation along with interest shall be deposited in the name of the minor son - the second claimant in Recurring Fixed Deposit and shall be paid to him on he attaining the age of majority. The balance amount of compensation along with interest shall be paid to the third claimant - the father of the deceased.