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Judgment
N.K. Patil, J.—Though this appeal is posted for Orders, with the consent of the learned Counsel appearing for both the parties, the same is taken up for final disposal.
This appeal is by the claimants directed against the impugned judgment and award dated 1st October 2013 passed in M.V.C. No. 685/2012 on the file of the Principal Senior Civil Judge and Member, M.A.C.T., Mangalore (hereinafter referred to as ''Tribunal'' for short). The Tribunal by its impugned Judgment and Award, awarded a sum of Rs. 5,25,000/- with interest at the rate of 6% p.a. from the date of petition till the date of realization on account of the death of late Sri. T. Ibrahim in the road traffic accident. The claimants have filed this appeal on the ground that the quantum of compensation and the rate of interest awarded by the Tribunal is inadequate and requires enhancement.
The brief facts of the case on hand are that, the appellant is the wife, respondent Nos. 3 to 8 are children of the deceased. They have filed a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation against the respondent Nos. 1 and 2 herein on account of untimely death of the deceased Sri. T. Ibrahim in the road traffic accident contending that the deceased was aged about 56 years, working as Beedi Sub-Contractor, only earning member of the family and the entire family was depending upon the income of the deceased. When things thus stood, on 11.02.2012 at about 10.30 a.m. when he was standing by the side of the road waiting for a bus at Ramakatte, Thumbe Village, the rider of a motor cycle bearing Registration No. KA-20/L-1047 came in a rash and negligent manner and dashed against the deceased. On account of which, he fell down and succumbed to the injuries. On account of untimely death of the deceased, wife has lost her companion and children have lost love and affection, inspiration and guidance of father. There is a total financial loss to the family. Taking all these aspects into consideration, they filed a claim petition under Section 166 of the M.V. Act against the respondents before the Tribunal.
The said matter had come up for consideration before the Tribunal. The Tribunal in turn after due appreciation of the oral and documentary evidence available on file, allowed the same awarding a sum of Rs. 5,25,000/- with interest at 6% p.a. from the date of petition till realization in favour of the appellant and respondent Nos. 3 to 8. Being dissatisfied with the quantum of compensation and rate of interest awarded by the Tribunal, the appellant herein necessitated to present this appeal seeking enhancement of compensation.
It is the submission of the learned Counsel appearing for the appellant at the outset that, the Tribunal has erred in assessing the income of the deceased at only Rs. 60,000/- per annum which is on the lower side. As the accident occurred on 11.02.2012 and the deceased was aged about 56 years and only earning member of the family, all the children are residing with him and are majors not depending upon the income of the deceased. Therefore, the income of the deceased may be re-assessed and deduct 1/3rd towards personal expenses by applying appropriate multiplier and award reasonable compensation towards loss of dependency by modifying the impugned Judgment and Award passed by the Tribunal including the rate of interest.
Per contra, the learned Counsel appearing for the 1st respondent - insurer, inter-alia contended and sought to substantiate stating that the impugned Judgment and award passed by the Tribunal is after due consideration of oral and documentary evidence available on record. Therefore, interference by this Court is not called for.
After careful consideration of the submission of the learned Counsel appearing for both the parties and after perusal of the impugned judgment and award passed by the Tribunal, the only point that arises for consideration is:
"Whether the quantum of compensation awarded by the Tribunal is just and reasonable?"
The occurrence of the accident and the resultant death of the deceased in the road traffic accident that occurred on 11.02.2012 are not in dispute. It is also not in dispute that the claimants are none other than wife and children of the deceased, who was aged about 56 years and a beedi sub-contractor. The wife has lost her companion and children have lost love and affection, inspiration and guidance.
Taking all these aspects into consideration and having regard to the age, avocation of the deceased and year of accident, we can safely re-assess the income of the deceased at Rs. 6,500/- per month, to meet the ends of justice. Out of which, if we deduct 1/3rd towards his personal expenses i.e. Rs. 2,166/- per month, the remaining net income towards the contribution on the part of the deceased to the family would be Rs. 4,334/- per month. The deceased was aged about 56 years, the appropriate multiplier applicable is ''9''. Accordingly, we re-determine the compensation towards loss of dependency at Rs. 4,68,072/- (Rs. 4,334/- x 12 x 9), and accordingly it is awarded.
Having regard to the facts and circumstances stated supra and in the light of the judgments of the Apex Court and this Court in host of judgments, we deem it fit to award Rs. 1,00,000/- towards loss of consortium, Rs. 70,000/- towards loss of love and affection at the rate of Rs. 10,000/- each, Rs. 25,000/- towards loss of estate and Rs. 25,000/- towards transportation and funeral expenses. In all, the appellant/claimants are entitled to a total compensation of Rs. 6,88,072/- as against Rs. 5,25,000/- awarded by the Tribunal. There would be enhancement of Rs. 1,63,072/-.
As rightly contended by the learned Counsel appearing for the appellant and in the light of the judgments of Apex Court and this Court in host of judgments and the accident occurred in the year 2012, we deem it fit to award interest at the rate of 9% p.a. on the enhanced compensation from the date of petition till realization.
Having regard to the facts and circumstances of the case referred above, the instant appeal filed by the appellant is allowed in part. The impugned Judgment and Award passed by the Tribunal dated 1st October 2013 passed in M.V.C. No. 685/2012 on the file of the Principal Senior Civil Judge and Member, M.A.C.T., Mangalore is hereby modified awarding Rs. 1,63,072/- with interest at 9% p.a. from the date of petition till realization in addition to the compensation awarded by the Tribunal.
The 1st respondent - Insurer herein is directed to deposit the enhanced compensation amount with interest at 9% p.a. from the date of petition till realization, within a period of three weeks from the date of receipt of copy of this judgment and award.
Out of the enhanced compensation of Rs. 1,63,072/-, Rs. 1,00,000/- with proportionate interest shall be invested in Fixed Deposit in the name of the appellant - wife of the deceased in any Nationalized or Scheduled or Grameena Bank, for a period of 10 years and renewable for 10 years and she is entitled to withdraw the periodical interest accrued on it.
Remaining sum of Rs. 63,072/- with proportionate interest shall be released in favour of the appellant, immediately on deposit by the 1st respondent - Insurer.
Draw the award, accordingly.