Pooja and Others vs Revappa and Others

S. Abdul Nazeer, J.—This appeal is directed against the judgment and award in M.V.C. No. 1982/2011 dated 16.08.2012 on the file of the II Additional District and Sessions Judge and MACT-III, Belgaum.

The appellants/claimants are the daughters of one Yellappa. On 25.03.2011, the deceased Yellappa was riding his M-80 motorcycle bearing registration No. KA-22/J-8052 on Belgaum-Khanapur road. His wife was a pillion rider. At about 7.20 p.m., when he reached Gogate circle on the said road, the offending truck being driven in a rash and negligent manner dashed against the motorcycle resulting in the death of Yellappa and his wife Gangubai on the spot.

The claimants filed the aforesaid petition seeking compensation in a total sum of Rs. 27 lakhs in respect of death of their father.

The respondent-Insurance Company has entered appearance and filed its written statement. The parties have let in evidence in support of their respective contentions. On appreciation of the materials on record, the Court below has held that the cause of accident was the rash and negligent driving of the offending vehicle by its driver. The Court below in all has awarded compensation of Rs. 6,95,000/-.

The contention of the learned counsel appearing for the appellants/claimants is that the deceased was an Unani Doctor and was earning more than Rs. 15,000/- per month. However, the Court below has taken his income at Rs. 5,000/- per month, which is on the lower side. It is argued that the deceased was aged 52 years. His future prospects have not been taken into consideration while computing the loss of dependency. In this connection, she has relied on the decision of the Apex Court in the case of Rajesh and Others Vs. Rajbir Singh and Others, wherein it was held that in the case of a death of a person between the age group of 50-60, 15% of his income has to be added towards the loss of future prospects. It is argued that the award of compensation under other heads is on the lower side.

On the other hand, the learned counsel appearing for the respondent-Insurance Company has sought to justify the impugned judgment and award.

We have carefully considered the arguments of the learned counsel made at the bar and perused the material placed on record.

There is no dispute as to the occurrence of the accident and the liability of the respondent-Insurance Company to pay the compensation.

Having regard to the contentions urged, the only question that arises for consideration is as to:

"Whether the compensation awarded by the Court below is adequate?"

It is not in dispute that the deceased Yellappa was a Unani Doctor. The accident had occurred on 25.03.2011. The deceased was aged about 52 years at the time of the accident. The Court below has rightly deducted 1/3rd of the income towards his personal expenses. It is no doubt true that the claimants have not produced any materials to substantiate the income of the deceased at Rs. 15,000/- per month. Having regard to the fact that the deceased was a practicing Unani Doctor, it is just and proper to hold his income at Rs. 9,000/- per month (i.e., Rs. 300/- per day). 15% of the income has to be added towards loss of future prospects having regard to the judgment of the Apex Court in Rajesh''s case (supra). By taking the income of the deceased at Rs. 9,000/- per month and adding 15% of the income towards loss of future prospects and after deducting 1/3rd of the income towards his personal expenses and with the application of multiplier 11, the compensation towards loss of dependency works out to Rs. 9,10,800/- (9000+1350=10,350-1/3rd=6,900X12X11=9,10,800).

The claimants are entitled for a sum of Rs. 75,000/- (Rs. 25,000/- each) towards loss of love and affection and a sum of Rs. 25,000/- towards funeral and other expenses.

Thus, the compensation payable to the claimants is reassessed as under:

The Court below has awarded compensation of Rs. 6,95,000/-which has to be deducted from the aforesaid amount. The claimants are entitled for balance of compensation in a sum of Rs. 3,15,800/-.

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. 3,15,800/- in addition to what has been awarded by the Court below with interest @ 6% p.a. from the date of claim petition till the date of deposit, within a period of eight weeks from the date of receipt of copy of this order. On such deposit, the appellants/claimants are permitted to withdraw the amount in equal proportion. No costs.