Kalegowda and Others vs Pelex Disoja and Others

S.N. Satyanarayana, J—The claimants in MVC No. 599/2008 (1781/2008) on the file of MACT, Arkalgud have come up in this appeal seeking enhancement of compensation for the death of Manjukumara @ Kumara who died in a road traffic accident dated 24.07.2008 involving tempo bearing registration No. KA 19 B 5191 which was driven by the deceased and the private bus bearing registration No. KA 19 B 2369. The accident is not in dispute. So also the death of Manjukumara in the aforesaid accident due to injuries suffered therein.

In the claim petition filed by the parents, widow and children of deceased Manjukumara the tribunal on appreciation of the pleadings, oral and documentary evidence available on record proceeded to award compensation to the claimants in a sum of Rs. 4,88,000/- payable with interest at 6% and liability to pay the said amount being apportioned against the second and 4th respondent in the court below was not accepted by the claimants on the ground that the compensation awarded is meager compared to the income that was earned by the deceased. Therefore, they have come up in this appeal seeking enhancement.

Heard the learned counsel for the appellant as well as contesting respondent. Perused the judgment impugned. On going through the same it is seen that deceased Manjukumara who was aged about 34 years as on the date of accident was holder of license for driving non transport vehicle at the relevant time of accident. In the claim petition it is contended that he was earning a sum of Rs. 7,000/- p.m. as income. Though such a statement is made no evidence was adduced. Hence the tribunal has taken his income notionally at Rs. 3,500/- and awarded compensation under the head loss of dependency in a sum of Rs. 4,48,000/-. In this appeal the contention of the parents who are claimants in the court below is that the income which is taken notionally at Rs. 3,500/- is on the lower side, particularly, when there is driving license available to demonstrate that the claimant was driver having valid driving license to drive transport vehicle and in addition to that at the time of accident claimant was driving the tempo as the paid driver of the said vehicle. In that view of the matter, this court feel that the notional income taken at Rs. 3,500/- is on the lower side and the same should have been taken at Rs. 5,000/-.

In the instant case the claimant being aged about 34 years and having died leaving him surviving his wife and children the court below ought to have taken the future prospects also while considering their case for awarding compensation under the head loss of dependency. In that view of the matter, this court feel that another 50% is required to be added towards loss of future prospects. With this the notional income of the deceased would be Rs. 7,500/- p.m. Out of that if 1/3rd is deducted towards the personal expenses, the loss of dependency to the family is as under : 7,500 x 12 x 19,000 (3/4th of Rs. 64,500/-). If the same is multiplied by appropriate multiplier ''15'' as the age of the deceased was 34 years at the relevant time, the loss of dependency is 10,80,000/-. In addition to that the claimants are also entitled to revised compensation in a sum of Rs. 1,00,000/- towards conventional heads as against Rs. 40,000/- awarded by the tribunal. With this the revised compensation which the claimants are entitled to is Rs. 11,80,000/- as against Rs. 4,88,000/- awarded by the tribunal. In other words the enhanced compensation for which the claimants are entitled to is Rs. 5,92,000/- inclusive of interest which shall be payable by the respondent Insurance Company.

Out of the enhanced compensation 10% each is awarded to appellant Nos. 1 and 2 who are parents of deceased Manjukumara; 40% is awarded to third appellant widow; 20% each to appellants 4 and 5 who are minor children of deceased. So far as compensation which is awarded to appellants No. 4 and 5 are concerned, the entire amount shall be deposited in their name for a period of ten years with right to receive interest to third appellant for the maintenance of appellants No. 4 and 5. So far as the compensation awarded to third appellant is concerned, 75% is ordered to be deposited in any nationalized bank for a period of five years with right to receive interest periodically. From out of the compensation which is awarded to claimants No. 1 and 2, 80% is ordered to be deposited in any nationalized bank for a period of three years each with right to receive interest periodically.

The contesting second and fourth respondents - Insurance Companies shall deposit 50% of enhanced compensation with interest within eight weeks from the date of receipt of certified copy of the judgment in this appeal.