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Judgment
N.K. Patil
Though this matter is posted for admission, with the consent of the learned counsel for the parties, the same is taken up for final disposal.
This appeal by the claimants is directed against the common judgment and award dared 7th February 2009, passed in M.V.C.No.50/2007, by the Principal Civil Judge and Additional Motor Accident Claims Tribunal, Udupi, (for short, Tribunal'') for enhancement of compensation on the ground that, the compensation of Rs. 13,09,420/- awarded in favour of the claimants as against their claim for Rs. 23,66,000/-, is inadequate.
The facts in brief are that, the claimants are the wife and children of the deceased Late Lawrence G. Mendonsa. They filed the claim petition u/s 166 of the Motor Vehicles Act, contending that, at about 5:30 P.M. on 26-11-2006, when the deceased was riding Motor cycle bearing registration No.KA-19/L-8089 along with his daughter as pillion rider, he met with an accident on account of the rash and negligent driving by the driver of Tanker bearing No.KA-19/A-6596. Due to the impact, he sustained grievous injuries and succumbed to the said injuries at the spot.
It is the case of the appellants that, the deceased was aged about 45 years and working as a permanent employee at Merchant Shipping Services Pvt. Ltd., earning a sum of Rs. . 20,000/- per month and was hale and healthy prior to the accident. It is their further case that, the deceased was taking care of the entire family and the family was fully dependent on him and that on account of his untimely death, the family has become haywire and they have lost the social and financial security in their life, the children have lost the love and affection, guidance and support of their father and therefore, they have to be compensated reasonably.
On account of the death of the deceased, the appellants filed the claim petition before the Tribunal, seeking compensation against the respondents. The said claim petition had come up for consideration before the Tribunal on 7th February 2009. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. .13,09,420/- under different heads, with 8% interest per annum, from the date of petition till the date of payment. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants are in appeal before this Court, seeking enhancement of compensation.
I have heard learned counsel for appellants and learned counsel appearing for second respondent / Insurer, for quite some time.
After hearing learned counsel for the parties, and after careful perusal of the judgment and award passed by the Tribunal, it is seen that the Tribunal has erred in arriving at the compensation payable towards loss of dependency for the reason that it has deducted a sum of Rs. 7,000/- from out of the gross salary of the deceased of Rs. 18,680/-. As per the recent decision of the Hon''ble Apex Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, the only permissible deductions are income tax and professional tax. Therefore, as per the said judgment, a sum of Rs. .3,301/- towards income tax and Rs. .200/- towards professional tax are to be deducted from the gross monthly income for calculating the compensation payable towards loss of dependency. The gross monthly salary of the deceased is Rs. .18,680/- and if a total sum of Rs. .3,501/- is deducted, the net monthly income comes to Rs. .15,179/-. If 1/3rd (i.e. Rs. .5060/-) is deducted towards the personal expenses of the deceased, having regard to the number of dependents, the income comes to Rs. .10,119/-. Since the deceased was aged about 45 years, the proper multiplier applicable is ''14'' as against ''13'' adopted by Tribunal. Accordingly, 1 award a sum of Rs. . 16,99.992/- (i.e. Rs. .10, 119/-x12x14) towards loss of dependency as against Rs. . 12,14.720/- awarded by Tribunal.
Further, the Tribunal erred in not awarding reasonable compensation towards conventional heads. Therefore, having regard to the facts and circumstances of the case, I deem it fit and proper to award a sum of Rs. .45,000/- towards conventional heads, viz. loss of love and affection, loss of estate, loss of consortium and transportation and funeral expenses as against the compensation awarded by Tribunal towards conventional heads. Thus, the toted compensation would come to Rs. .17,44,9.92/- as against Rs. .13,09,420/-awarded by Tribunal, with interest at 6% per annum, from the date of petition till the date of realization.
In the light of the facts and circumstances of the case, as stated above, the appeal filed by appellants is allowed in part. The impugned common judgment and award dated 7th February 2009, passed in M.V.C.No.50/2007, by the Principal Civil Judge and Additional Motor Accident Claims Tribunal, Udupi, is hereby modified, awarding a sum of Rs. . 4,35,572/-, with interest at 6% per annum, from the date of petition till the date of realization, on the said sum, in addition to the compensation awarded by Tribunal.
The second respondent /Insurer is directed to deposit the enhanced compensation of Rs. . 4,35,572/-, with interest thereon at 6% per annum, within three weeks from the date of receipt of copy of the judgment and award.
Immediately on such deposit by the Insurer, a sum of Rs. .1,50,000/- with proportionate interest shall be deposited in Fixed Deposit in the name of the first appellant/wife of the deceased, in any Nationalized/ Scheduled Bank, for a period of ten years, renewable for another five years, with liberty reserved to her to withdraw the periodical interest.
A sum of Rs. . 1,00,000/- with proportionate interest shall be deposited in Fixed Deposit in the name of the third appellant/daughter of the deceased, in any Nationalized/ Scheduled Bank, till she attains the age of majority, with liberty reserved to the natural guardian mother to withdraw the periodical interest, for her welfare.
Remaining sum of Rs. . 1,85,572/- with proportionate interest shall be released in favour of the appellant Nos. 1 and 2, in equal proportion, immediately.
Office to draw award, accordingly,