AI Structured Summary
Not yet generated for this judgment
Judgment
N.K. Patil, J.—This appeal by the appellants-claim ants is directed against the impugned judgment and award dated 25/06/2010 passed in MVC No. 1825/2008, by the 14th Additional Judge, Court of Small Causes and Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru City (SCCH-10), (hereinafter referred to as ''Tribunal'' for short), for enhancement of compensation. The Tribunal by its judgment and award has awarded a sum of Rs. 4,50,000/- under different heads with interest at 6% per annum from the date of petition till the date of deposit, as against the claim of the appellants for a sum of Rs. 30,00,000/-, on account of the death the deceased Sri. N.S. Nagaraju @ Babu, in the road traffic accident.
In brief, the facts of the case are:
The appellant No. 1 is the wife, appellant Nos. 2 and 3 are the children and appellant No. 4 is the mother of the deceased Sri. N.S. Nagaraju @ Babu. They filed a claim petition before the Tribunal u/s 166 of M.V. Act, claiming compensation against the respondents, on account of the death of the deceased in the road traffic accident, contending that, on 2.12.2007 at about 5.15 a.m. when the deceased was walking on the left side near Roopashree Condiments, Kodigehalli Main Road, Sanjeevininagara, Bengaluru, at that time, the driver of the Tata Indica Car bearing Reg. No. KA.43.1403 came in a rash and negligent manner and dashed against him. Due to which, he sustained multiple grievous injuries. Immediately, he was shifted to Baptist hospital, Bangalore, but he died on the same day.
It is the further case of the appellants that, deceased was aged about 36 years, hale and healthy prior to the accident and earning Rs. 15,000/- per month being the proprietor of Roopashree condiments and looking after the welfare of the family by contributing his entire earnings to the family. Due to his untimely death, appellants have suffered financial loss as they have lost their bread earner, apart from mental shock and agony.
The said claim petition had come up for consideration before the Tribunal. The Tribunal, after appreciating the oral and documentary evidence and other material available on file, has allowed the claim petition in part and awarded the compensation of Rs. 4,50,000/- under different heads with interest at 6% p.a., from the date of petition till the date of deposit.
Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants have presented this appeal, for enhancement of compensation.
We have heard the learned counsel appearing for the appellants and learned counsel for first respondent-Insurance Company.
The submission of the learned counsel appearing for the appellants, at the outset is that, the income of the deceased assessed by the Tribunal at Rs. 3,000/- per month is on lower side and it needs to be enhanced, on the ground that, deceased was aged about 36 years, Proprietor of Roopashree Condiments and earning Rs. 15,000/- per month and therefore, his income may be reassessed reasonably. Therefore, he submitted that the impugned judgment and award is liable to be modified by awarding reasonable compensation.
As against this, learned counsel appearing for the Insurer, inter-alia, contended and substantiated that the impugned judgment and award passed by the Tribunal is just and proper and after due appreciation of the oral and documentary evidence available on file and therefore, it does not call for interference However, he fairly submitted having regard to the fact that dependants are the wife, children and mother of the deceased, the income of the deceased assessed by the Tribunal at Rs. 3,000/- per month is on lower side and the same may be considered in accordance with law.
After hearing the learned counsel appearing for the parties and after careful perusal of the material available on record at threadbare, including the impugned judgment and award passed by the Tribunal, the only point that arises for our consideration is:
Whether the compensation awarded by the Tribunal is just and reasonable?
The occurrence of the accident and the resultant death of the deceased are not in dispute. Further, it is not in dispute that deceased was aged about 36 years, hale and healthy prior to the accident, he was Proprietor of Roopashree Condiments and the dependants are his wife, three children and mother. Further, it emerges that, the Tribunal has assessed the income of the deceased at Rs. 3,000/- per month, which is on lower side and it needs to be enhanced. Having regard to the age and occupation of the deceased and the year of accident, we re-assess his income at Rs. 5,000/- per month instead of Rs. 3,000/- per month as assessed by the Tribunal. Out of which, if 1/4th ( Rs. 1,250/-) is deducted towards the personal and living expenses of the deceased, since there are four dependants, his net income comes to Rs. 3,750/- per month. Accepting the multiplier of ''15'' adopted by the Tribunal, taking the age of the deceased as 36 years, as just and proper, we re-determine the loss of dependency at Rs. 6,75,000/- instead of Rs. 4,05,000/- as awarded by the Tribunal and accordingly, it is awarded.
However, a sum of Rs. 45,000/- awarded by the Tribunal towards conventional heads is just and proper and we confirm the same towards loss of consortium; loss of love and affection, loss of estate and transportation and funeral expenses in all, the appellants are entitled to a total compensation of Rs. 7,20,000/- instead of Rs. 4,50,000/-. There would be an enhancement of Rs. 2,70,000/- with interest at 6% p.a., from the date of petition till its realization (excluding interest for the delayed period of 750 days in filing the appeal). For the foregoing reasons, the appeal filed by the appellants is allowed in part. The impugned common judgment and award dated 25/06/2010 passed in MVC No. 1825/2008, by the 14th Additional Judge, Court of Small Causes and Motor Accident Claims Tribunal, Bengaluru City (SCCH-10), is hereby modified, awarding a sum of Rs. 2,70,000/- with interest at 6% p.a., from the date of petition till its realization, (excluding interest for the delayed period of 750 days in filing the appeal). In addition to the compensation awarded by the Tribunal.
The; 1st respondent-Insurer is directed to deposit the enhanced compensation of Rs. 2,70,000/- with interest at 6% p.a., from the date of petition till the date of realization, (excluding interest for the delayed period of 750 days in filing the appeal), within a period of three weeks from the date of receipt of a copy of this judgment.
Immediately on deposit by the Insurer, out of the enhanced compensation of Rs. 2,70,000/-, a sum of Rs. 50,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank, in the name of appellant No. 1 for a period of ten years and renewable by another ten years, with liberty reserved to her to withdraw the interest accrued on it, periodical.
A sum of Rs. 50,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank, in the name of appellant No 4, for a period of five years and renewable by another five years, with liberty reserved to her to withdraw the interest accrued on it, periodically.
A sum of Rs. 50,000/- with proportionate interest shall be invested in the Fixed Deposit in any Nationalized or Scheduled Bank, in the names of each of the appellant Nos. 2 and 3, till they attain 30 years, with liberty reserved to the appellant No. 1 to withdraw the interest accrued on it, periodically, for the welfare of appellant Nos. 2 and 3 till they attain 21 years and from 22 years to 30 years, they are at liberty to withdraw the interest accrued on it periodically.
The remaining sum of Rs. 70,000/- with proportionate interest shall be released in favour of the appellant Nos. 1 and 4 in equal proportion immediately.
Draw the award, accordingly.