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Judgment
A.V. Chandrashekara, J.—The matter is taken up for final disposal with the consent of learned Counsel for the parties.
The main appeal is filed by the claimants seeking enhancement of the compensation awarded in MVC No. 842/2009 on the file of the Principal Civil Judge [Sr. Dn.,] and Additional MACT, Chitradurga, on 28.7.2010. The connected appeal is filed questioning the liability on the ground that the injury sustained by the deceased was not out of road accident, but it was out of private quarrel between himself and another cleaner of a different lorry that had been parked near the toll gate.
Heard learned Counsel Sri. H.S. Lingaraju, learned Counsel for the Insurer.
He has argued that acceptable evidence is placed on record in regard to a quarrel that ensued between the deceased and cleaner of lorry which had been parked near the toll gate.
No cross examination of P.W.1 is made on this aspect. The person with whom the deceased is alleged to have quarreled near the toll gate is also not examined. The assertion of the Insurer has remained only as an assertion without being substantiated in any manner. Therefore this appellate court does not find any reason to interfere with regard to sustaining of injuries, date of accident in a road that occurred on 29.8.2009 near Narrian Mines, Megalahally Village. Hence, insurer appeal is liable to be dismissed.
The learned Judge of the Tribunal has awarded in all a sum of Rs. 2,72,000/- as total compensation and the same is found in paragraph 15 at page 11 of the order of the Court below.
The injured died as a result of the said accident. His mother, unmarried brother and unmarried sister are claimants. The loss of dependency is assessed at Rs. 2,52,000/-. Admittedly, injured was aged about 20 years and was unmarried. The accident took place in the year 2009. His income is assessed at Rs. 3,000/- per month. In the absence of acceptable material evidence on record to the probable income of the deceased, the same will have to be assessed on the basis of preponderance of probabilities as held by the Apex Court in the case of Chaturbhuj Pande and Others Vs. Collector, Raigarh, .
Admittedly, the deceased was hale and healthy and was one of the earning male members of the family consisting of himself, his mother and one unmarried brother and one unmarried sister. It is also to be seen that father of the deceased was already dead by the time he was injured in the said accident. In the light of the same, accident having occurred in the year 2009, it would not be unreasonable to assess his income at Rs. 4,500/- per month instead of Rs. 3,000/-. Then, the actual loss of income would be Rs. 54,000/- instead of Rs. 36,000/- as assessed by the Tribunal. The age of the mother at the time of accident was 39 years and therefore proper multiplier would be ''15''. Out of Rs. 54,000/-half of the annual income will have to be deducted towards personal expenses. Then, the net annual income would be Rs. 27,000/- and the same will have to be multiplied by ''15'' multiplier applicable on the basis of age of the mother, then total loss of future dependency would be Rs. 4,05,000/- and not Rs. 2,52,000/-.
Only a sum of Rs. 10,000/- is awarded under the head loss of expectation''. No amount is to be awarded under the said head. Instead, Rs. 25,000/-is to be awarded under the head loss of love and affection''.
Similarly, no amount is awarded towards loss of estate''. The same is awarded at Rs. 25,000/-under the said head.
Only a sum of Rs. 10,000/- is awarded towards ''funeral expenses''. Awarding Rs. 15,000/- under the heading ''funeral, conveyance and nourishment charges'' would meet the ends of justice.
Thus, the claimants are entitled for the following compensation:--
ORDER
The appeal of the claimants is allowed-in-part. The appeal of the Insurer is dismissed.
The Judgment and Award passed by the Tribunal is modified. The claimants are entitled for a total compensation of Rs. 4,70,000/- as against Rs. 2,72,000/- awarded by the Tribunal. The enhanced compensation of Rs. 1,98,000/- (Rupees One Lakh Ninety Eight Thousand only) shall carry interest at 6% p.a. from the date of claim petition till the date of realisation.
The respondents are directed to deposit the enhanced compensation amount together with interest within two months from the date of receipt of a copy of this judgment. The said amount is ordered to be apportioned on the lines of the one done by the Tribunal.
Parties to bear their own costs.