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Judgment
N.K. Patil, J.—Admit.
This is a claimants Appeal for enhancement of compensation against the impugned judgment and award dated 21st of July 2006 passed in MVC No. 769/2000 on the file of Principal Civil Judge (Sr. Divn.) & Additional Motor Accident Claims Tribunal, Tumkur, (hereinafter referred to as ''Tribunal'' for short) on the ground that the compensation awarded by the Tribunal is inadequate and it needs to be enhanced.
By its judgment and award, the Tribunal has awarded a sum of Rs. 3,61,000/- with interest at 6% per annum from the date of petition till realisation as against the claim made by the appellants for a sum of Rs. 8,00,000/-, on account of the death of the deceased-late T A Prasannakumar in the road traffic accident.
In brief, the facts of the case are:
Appellant No. 1 is the wife of the deceased, appellant No. 2 is the minor child and appellant Nos. 3 and 4 are parents of the deceased. They have filed a claim petition u/s 166 of the Motor Vehicles Act, claiming compensation of Rs. 8,00,000/- on account of the death of the deceased, contending that at about 9 p.m. on 19.6.2000, when the deceased was moving in a motor cycle bearing registration No. KA 06 6028 near Oorukere check post on N.H. 4, due to rash and negligent driving of the lorry bearing registration No. M P 07 G 1576, it dashed against vehicle of the deceased, on account of which he sustained grievous injuries. Immediately, he was shifted to Government Hospital. In spite of best medication, he succumbed to the injuries- Further case of the appellants is that the deceased was aged about 35 years and was an agriculturist cum authorised dealer running a fair price depot, earning more than Rs. 6,000/- per month. On account of the death of the deceased, they have lost the sole bread winner of the family and are in great distress. The said claim petition had come up for consideration before the Tribunal, which in turn, after assessing the oral and documentary evidence and other material available on file, has allowed the same in part awarding compensation of Rs. 3,61,000/- with interest at 6% per annum under different heads from the date of Petition till payment. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants are in Appeal before this Court, seeking enhancement of compensation.
We have heard the learned Counsel appearing for the appellants and the learned Counsel for respondent No. 2/Insurance Company.
After careful perusal of the impugned judgment and award passed by the Tribunal, it emerges that the Tribunal, taking into consideration the age and occupation of the deceased, has rightly assessed his income at Rs. 3,000/- per month. Since he was aged about 35 years, the appropriate multiplier applicable is 15 and since the dependents are 4 in number, 1/4th has to be deducted towards personal expenses of the deceased. After such deduction, the net income comes to Rs. 2,250/- per month. Accordingly, we redetermine compensation payable towards loss of dependency at Rs. 4,05,000/- (Rs. 2,250 x 12 x 15) as against Rs. 3,36,000/- awarded by the Tribunal.
The Tribunal is not justified in awarding compensation of Rs. 25,000/- towards conventional heads and the same is on the lower side. Therefore, having regard to the facts and circumstances of the case, We deem it fit to award a cum of Rs. 20,000/- towards loss of consortium, Rs. 10,000/- towards loss of estate, Rs. 15,000/- towards loss of love and affection and Rs. 10,000/- towards transportation and funeral expenses. In all, the appellants are entitled for compensation of Rs. 55,000/- towards conventional heads and the appellants are entitled for total compensation of Rs. 4,60,000/- as against Rs. 3,61,000/- awarded by the Tribunal. The enhanced compensation comes to Rs. 99,000/- with interest at 6% per annum from the date of Petition till realisation.
In the light of the facts and circumstances of the case, as stated above, the Appeal filed by the appellants is allowed in part. The impugned judgment and award dated 21st of July 2006 passed in MVC No. 769/2000 on the file of Principal Civil Judge (Sr. Dvn.) & Additional Motor Accident Claims Tribunal, Tumkur. is hereby modified, awarding a sum of Rs. 4,60,000/- as against Rs. 3,61,000/- awarded by the Tribunal, with interest at 6% per annum on the enhanced sum of Rs. 99,000/-, from the date of Petition till realisation.
Respondent No. 2/Insurance Company is directed to deposit the enhanced compensation of Rs. 99,000/- with interest at 6% per annum from the date of Petition till the date of realisation within a period of four weeks from the date of receipt of the copy of this judgment and award.
Out of the enhanced compensation of Rs. 99,000/-, Rs. 30,000/- with proportionate interest shall be invested in the name of the 2nd appellant till he attains the age of majority in Fixed Deposit in any Nationalised or Scheduled Bank with liberty to appellant No. 1 to withdraw periodical interest accrued on it for the welfare of appellant No. 2.
The remaining sum of Rs. 69,000/- with proportionate interest shall be released in favour of appellant Nos. 1,3 and 4, in equal proportion immediately on deposit by the respondent No. 2/Insurance Company. 13. Office to draw the award, accordingly.
Sri Vishwanath S Shettar, is permitted to file vakalath for respondent No. 2 within four weeks.