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Judgment
Mohan M. Shantana Goudar, J.—MFA No. 21705/2012 is filed by M/s. United India Insurance Co. Ltd., who is the insurer of the Tractor-Trailer involved in the accident. MFA No. 21157/2012 is filed by the claimants praying for enhancement of compensation.
In MFA No. 21705/2012, the Insurer-M/s. United India Insurance Co. Ltd., has contended that the driver of the car which collided with the Tractor-Trailer is responsible for causing the accident in question to an extent of 50%, therefore, he is liable to the extent of 50% and consequently, the learned counsel for the Insurer (United India Insurance Co. Ltd.) pleads that the company is liable to satisfy 50% of the award amount only.
Re: MFANo.21157/2012
For the sake of convenience, firstly we take-up MFA No. 21157/2012 filed by the claimants seeking enhancement of compensation.
The facts of the case in brief are that, the deceased Dr. Deepak, S/o. Krishnaraj Dhanthi, Aged about 29 years died in the accident that occurred on 04.01.2002, when he was travelling in a Maruthi Car bearing Registration No. KA-32/M-788 along with his friends and relatives from Mudalagi to Hagari Bommanahalli to attend the naming ceremony of his son at Hagari Bommanahalli.
When the said Maruthi Car was moving on the National Highway No. 13 on Ilkal-Kustagi Road, at about 7.15 p.m., a Tractor-Trailer bearing Registration No. KA-29/T-2144 and KA-29/T-2145 came behind the Maruthi Car with high speed; the driver of the Tractor-Trailer wanted to overtake the Maruthi Car; on observing such attempt of the driver of the Tractor-Trailer, the driver of the car reduced the speed of the car and consequently, the Tractor-Trailer collided with the car.
In the said accident, Mr. Deepak lost his life. He was a Doctor by Profession having completed MBBS and Diploma in Orthopedics in the year 2001. The Tribunal awarded the compensation of Rs. 23,60,000/-in all under various heads in favour of the claimants. Being aggrieved by the quantum of compensation awarded by the Tribunal, appeal- MFA No. 21157/2012 has been filed by the claimants, for enhancement of compensation.
The accident has occurred in the year 2002. The deceased had completed his Diploma in Orthopedics in the year 2002, after completion of MBBS degree in 1995. He was practicing as a Doctor at Mudalagi at Mudhol Taluk. The Tribunal has assessed the income of the deceased at Rs. 15,000/- p.m. As aforementioned, the deceased had completed his MBBS degree in the year 1995 and thereafter, he practiced as a Medical Practitioner for 6 to 7 years. In the meanwhile, he completed his Diploma in the Orthopedic in the year 2001. Thus, it is clear that he is an Orthopedic Surgeon. He was having his own hospital. Though there is no reliable material to show the income of the deceased during the relevant point of time, having regard to the fact that the deceased had got sufficient experience as a Doctor, it can reasonably be presumed that the deceased had the net income of atleast Rs. 20,000/- per month after deducting the expenses towards tax, medicines, maintenance of hospital etc.
Since the deceased was a private Medical Practitioner and he would have earned more as he grew old and gain experience in the profession, we are of the opinion that minimum of 30% of his income needs to be added towards future prospects, which comes to Rs. 6,000/-. Hence, the amount of Rs. 26,000/- shall be taken as the monthly income of the deceased for computing compensation.
The court below has rightly deducted 1/4th of his income i.e., Rs. 6,500/- towards his personal expenses in as much as the deceased had left behind a male child aged about five months and young widow aged about 23 years, apart from both the aged parents. If the said amount of Rs. 6,500/- is deducted from Rs. 26,000/-, the net amount to be taken into consideration is Rs. 19,500/- towards the monthly loss of dependency. Having regard to the age of the deceased, the Tribunal has rightly adopted the multiplier of ''17''.
Based on these facts and figures, the claimant should be entitled for the compensation of Rs. 39,78,000/- (Rs. 19,500 x 17 x 12) under the head of loss of dependency. In addition to the same, the claimants are entitled to Rs. 1,00,000/- under four conventional heads. Thus, the claimants are entitled to the total compensation of Rs. 40,78,000/-. Ordered accordingly.
The rate of interest, apportionment of the compensation amount awarded and deposit in the Bank, shall be as per the order of the Tribunal.
Regarding MFA No. 21705/2012:
Number of claim petitions arose in respect of the very accident in question. All such claim petitions reached this court in MFA Nos. 20818/2009 and connected matters and which came to be disposed of on 16.04.2013. In the said appeals, this court has ruled that the driver of the Tractor-Trailer is responsible for the causing the accident to an extent of 60% and the driver of the car was responsible to an extent of 40%. Thus, this is a case of contributory negligence on the part of both the drivers. Since the driver of the Tractor-Trailer is responsible to an extent of 60% for causing the accident, the United Insurance Co. Ltd.. who is the insurer of the Tractor-Trailer, is liable to satisfy the award to the extent of 60%, whereas the remaining 40% of the award amount has to be satisfied by the insurer of the car viz., Oriental Insurance Co. Ltd. Accordingly, the following order is made:--
60% of the liability fixed by this court shall be satisfied by United India Insurance Co. Ltd. and 40% of the liability shall be satisfied by Oriental Insurance Co. Ltd..
Both the appeals stand disposed accordingly.
The amount in deposit before this court shall be disbursed to the claimants.