Ningavva and Others vs Munna and Others

B.S. Patil, J.

This appeal is by the dependants of the deceased seeking enhancement of compensation payable for the death of Siddappa Bisolli S/o. Dundappa Bisolli in a motor vehicle accident which occurred on 10.06.2012. Siddappa succumbed to the injuries on the spot when the lorry bearing No. KA-32/9377 coming from Hubballi driven in a rash and negligent manner with great speed dashed against the deceased who was standing on the kachcha road of P.B. National Highway.

The claimants being the widow, two minor children and mother of the deceased, filed a claim petition before the Motor Accident Claims Tribunal, Hangal (for short ''the Tribunal''). The claimants sought for payment of compensation of Rs. 35,00,000/- along with interest.

In support of their claim, the claimant No. 1-Smt. Ningavva wife of the deceased examined herself as P.W. 1 and one Gadigeppa Tippanna Balikayi who was eyewitness to the accident was examined as P.W. 2. Exs. P-1 to P-5 were produced and marked. On behalf of respondents, four witnesses were examined. Ex. R1-copy of the driving licence was marked in evidence.

The Tribunal after appreciating the evidence on record both oral and documentary, has recorded a finding in the affirmative with regard to the actionable negligence on the part of the driver of the offending lorry. The respondent-Insurance Company was liable to pay the compensation. With regard to the merits of the claim, the Tribunal has recorded a finding that deceased Siddappa was aged 35 years at the time of the accident. Income of the deceased has been taken at Rs. 6,000/- per month holding that he was an agriculturist and was also carrying on milk vending business. As there were five dependants, 1/4th has been deducted from out of his income and multiplier of ''16'' has been adopted. Thus, loss of dependency has been worked out at Rs. 8,64,000/-. Under other heads, the following compensation has been awarded.

Thus, total a sum of Rs. 9,74,000/- has been awarded with 6% interest from the date of petition till the compensation was deposited. Aggrieved by the same, this appeal is filed seeking enhancement of compensation.

Learned counsel for the appellants contends that the income of the deceased taken at Rs. 6,000/- per month is on the lower side having regard to the evidence on record. It is also his contention that towards loss of consortium and loss of love and affection and as also towards loss of estate, the claimants have been under compensated. A grievance is made against the interest awarded at 6% urging that interest ought to have been awarded at 9%.

Learned counsel appearing for the respondent-Insurance Company strongly supports the findings recorded by the Tribunal and the compensation awarded.

Having heard learned counsel on both sides and on careful perusal of evidence on record, the only point that arises for our consideration is:

''Whether the appellants are entitled for enhancement of compensation? If so, at what rate?''

Evidence on record discloses that deceased was working as an agriculturist and was also vending milk owning three she buffaloes and two cows. The accident has taken place on 10.06.2012. Having regard to the cost of living, keeping in mind the nature of the work the deceased Siddappa was doing and also having regard to his age which has been found to be 35 years at the time of death, as rightly contended that the counsel for the appellant amount of Rs. 6,000/- taken towards the monthly earnings of the deceased is slightly on the lower side. The Tribunal ought to have taken Rs. 6,500/- as monthly earnings of the deceased. With regard to loss of consortium, loss of love and affection and loss of estate, the award of the Tribunal is miserly. The deceased has left behind a young widow aged about 30 years and two minor children. Towards loss of consortium as held by the Apex Court in an unreported judgment in the case of Surti Gupta v. United India Insurance Company and Anr, a sum of Rs. 1,00,000/- deserves to be awarded keeping in mind the facts and circumstances of the case. Similarly, towards loss of love and affection having regard to the fact that two young children have been left behind and are deprived of the love and affection of the father, a sum of Rs. 1,00,000/- deserves to be awarded. Towards loss of estate, a sum of Rs. 50,000/- has to be awarded. Towards funeral expenses and transportation of the dead body, the amount awarded at Rs. 30,000/- is maintained.

The loss of dependency has to be calculated taking the age of the deceased applying the multiplier of ''16'' and taking the annual income as Rs. 78,000/- by deducting 1/4th towards the personal expenses. If the amount is so calculated, the loss of dependency will worked out to Rs. 9,36,000/-. If the amount awarded against other heads that we have allowed hereinabove is added, the total amount would come to Rs. 12,16,000/-.

The Tribunal ought to have awarded interest at 9% p.a. The Apex Court in the case referred to supra has awarded 9% interest. Therefore, the claimants are justified in contending that interest ought to have been awarded at 9% p.a. from the date of claim petition till the date of deposit of the amount.

Accordingly, this appeal is allowed. The compensation amount is enhanced and fixed at Rs. 12,16,000/- payable with interest at 9% p.a. from the date of petition till the date of deposit.

Parties to bear their respective costs.