AI Structured Summary
Not yet generated for this judgment
Judgment
S. Abdul Nazeer, J.—This appeal is directed against the judgment and award in MVC No. 60/2009 dated 10.3.2011 on the file of the Senior Civil Judge, Nanjangud. The appellants are the wife and children of one Mahadeva Shetty. Mahadeva Shetty died in a motor vehicle accident occurred on 15.11.2008. Therefore, the appellants filed the above petition seeking compensation on account of the death of Mahadeva Shetty. The court below has awarded a total compensation of Rs. 3,44,000/- with interest at 6% per annum from the date of the petition till the date of deposit.
Learned Counsel for the appellants would contend that the deceased was an agriculturist and earning more than Rs. 9,000/- per month. He was aged 45 years at the time of the accident. The court below has taken his income at Rs. 100/- per day for the purpose of computation of loss of dependency. It is further contended that the court below has not awarded appropriate compensation towards loss of consortium and loss of love and affection.
On the other hand, learned Counsel appearing for the respondent-Insurance Company has sought to justify the impugned judgment and award.
I have carefully considered the arguments of the learned Counsel made at the Bar and perused the materials placed on record.
There is no dispute as to the occurrence of the accident and the liability of the respondent Insurance Company to pay compensation. Having regard to the contentions urged, the only question for consideration is as to whether the compensation awarded by the court below is adequate?
Though the claimants contend that the deceased Mahadeva Shetty was earning more than Rs. 9,000/- per month by doing agriculture, the said plea has not been established by them. The accident had taken place on 15.11.2008. It is just and proper to notionally fix his income at Rs. 150/- per day (Rs. 4,500/- per month). The deceased was aged 45 years. The multiplier applicable to the case is 14. 1/3rd of the income has to be deducted towards his personal expenses. By taking the income of the deceased at Rs. 4,500/- per month after deducting 1/3rd of the income towards his personal expenses and with the application of multiplier 14, the compensation payable towards loss of dependency comes to Rs. 5,04,000/-.
The first appellant is entitled for a sum of Rs. 50,000/- towards loss of consortium and appellant Nos. 2 and 3 are entitled for a sum of Rs. 50,000/- towards loss of love and affection. A sum of Rs. 10,000/- is awarded towards funeral expenses. In all, the claimants are entitled for a sum of Rs. 6,14,000/- towards compensation.
The court below has awarded a sum of Rs. 3,44,000/- which has to be deducted from the aforesaid amount and the balance of compensation payable to the claimant is Rs. 2,70,000/-. The said sum of Rs. 2,70,000/- shall carry interest at 6% per annum. In the result, the appeal succeeds and it is accordingly allowed in part. The respondent - Insurance company is directed to deposit a sum of Rs. 2,70,000/- with interest at 6% per annum from the date of the petition till the date of deposit within a period of six weeks from the date of receipt of a copy of this order. Out of the aforesaid enhanced amount, the Tribunal is directed to invest a sum of Rs. 1,50,000/- in a fixed deposit in a Nationalised Bank in the name of the 1st appellant for a period of five years. She is permitted to withdraw the interest annually. She is also permitted to withdraw the balance of the amount. No costs.