N. Thriveni vs Anjuma Khan

Ravi V. Malimath, J.—The case of the claimants is that on 17.04.2010, when the deceased Bhuvanesh was proceeding to his office on a motor cycle bearing registration No. KA-02-EZ-73 along with his friend, who was the owner-cum-rider of the two-wheeler, at about 10.30 a.m., when they reached near Jayanagar, the rider of the motor cycle bearing registration No. KA-04-EM-2911 came in a high speed, lost control and dashed against the motor cycle in which the deceased and his friend were riding. The deceased and the rider of the vehicle fell down and sustained injuries. Thereafter, the deceased was shifted to Deepak Nursing Home, Bangalore and first aid treatment was given and thereafter he was shifted to Manipal Hospital, where he died on the same day at about 12.30 p.m. His widow, minor child and parents filed the instant claim petition under Section- 166 of the Motor Vehicles Act. The Tribunal awarded compensation in a sum of Rs. 8,89,000/- along with interest @ 6% per annum. Seeking enhancement, the present appeal is filed.

The accident and liability are admitted. The claimants contended that the deceased was earning Rs. 51,000/- per month along with allowances. The Tribunal after considering the material on record held his income at Rs. 5,000/- per month and added 30% towards loss of future prospects'' and after deducting 1/4th towards ''personal expenses'' and applying a multiplier of ''14'' awarded Rs. 8,89,000/- towards loss of dependency''.

In support of the case with regard to the monthly income of the deceased, the claimants have filed an application under Section- 41, Rule-27, read with Section- 151 of the Code of Civil Procedure, seeking permission to produce documents in respect of the income of the deceased namely, the Bank Statement and Income Tax Returns.

We have considered the same. There is no reasons as to why the material should not be considered. Consequently the application is allowed. The same would show that the deceased was earning an annual income of Rs. 5,10,211/- and the Income Tax payable was Rs. 2,400/- per annum. Consequently, the income after deducting the income tax would be a sum of Rs. 4,87,471/- per annum. On adding 30% towards ''loss future prospects'' at Rs. 1,46,241/-, the same would be a sum of Rs. 6,33,712/- per annum. Since there were four dependents, 1/4th would be the appropriate deduction towards ''personal expenses'' at 1,58,426/- per annum. Hence, the notional income on this calculation would be Rs. 4,75,284/- per annum. The deceased was aged 45 years. Hence, the multiplier at ''14'' would be appropriate. Accordingly, the total ''loss of dependency'' is worked out as follows:

Rs. 4,75,284 x 14 = Rs. 66,53,976/-

Towards loss of consortium, loss of love and affection, transportation of the dead body and funeral expenses, etc., a sum of Rs. 2,00,000/- in all is awarded on all these heads.

Hence, the amount awarded by the Tribunal is enhanced by Rs. 59,64,976/- (Rs. 68,53,976/- less Rs. 8,89,000/-) along with interest at 9% per annum from the date of the petition till the date of the realisation and shall be paid within a period of 8 weeks from the date of receipt of a copy of this order.

50% of the enhanced amount along with interest shall be paid in favour of the first claimant - the widow of the deceased, out of which 50% shall be kept in fixed deposit for a period of five years of the remaining amount, 15% along with interest shall be paid to both the parents together namely, claimant Nos. 3 and 4. The balance 35% along with interest shall be kept in a Recurring Fixed Deposit in the name of the second claimant - minor child until she attains the age of majority.