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Judgment
Ravi V. Malimath, J.
The case of the claimants is that on 9-3-2010 at about 8.00 pm, when the deceased was proceeding on motorcycle bearing registration No MP-09 ML-0733, near Meghdooth Dhaba, Indore Road, Ujjain, Madhya Pradesh, a tempo bearing registration No MP-13 R-0112 came in a rash and negligent manner from the opposite direction and dashed against the motorcycle. He sustained severe injuries. He was shifted to the government hospital, Ujjain. Then he was shifted to Bombay hospital, Indore. Further, he was taken to BGS Global hospital, Victoria hospital and St Johns Medical College hospital Bengaluru. He was treated as an inpatient ever since the date of accident. He died on 14-6-2010. Hence, the claimants filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation.
The tribunal held that there were three persons travelling on the motorcycle and therefore the deceased was negligent to the extent of 10% in causing the accident. The Tribunal awarded a total compensation of Rs. 16,00,000/- and deducting 10% thereof towards contributory negligence, the Tribunal held that the claimants were entitled to a sum of Rs. 14,40,000/- with interest at the rate of 6% p.a. Seeking enhancement of compensation, the claimants have filed the MFA 990 of 2014. The insurer has filed MFA No. 6916 of 2013, questioning the excess compensation.
The insurer contends that the deceased being a bachelor, the multiplier adopted by the tribunal based on his age is inappropriate. The Tribunal adopted the multiplier of 18 while calculating the loss of dependency. It is erroneous. His younger parent - mother - was aged 48 years on the date of accident. Hence, the appropriate multiplier is 13 and not 18, as adopted by the Tribunal.
In so far as enhancement of compensation is concerned, the deceased was said to be an engineering graduate and was a team leader working in First Source Solutions and earning a monthly salary of Rs. 10,000/-. The tribunal accepted the same. However, we are of the considered view that keeping in mind the qualification of the deceased and that he was working as a team leader in a reputed company, it is appropriate that the future prospects be granted to the claimants, since he was aged only 24 years at the time of accident. It is appropriate to add 50% of the income towards his future prospects. Hence, the monthly notional income would be Rs. 15,000/-. He being a bachelor, 50% of the income requires to be deducted towards personal expenses. On applying the multiplier of 13, the loss of dependency would be Rs. 15,000/- less 50%x 12 x 13 = Rs. 11,70,000/-.
The material on record would show that immediately after the accident, the deceased was shifted to the government hospital, Ujjain and thereafter he was shifted to Bombay hospital, Indore. Further, he was taken to BGS Global hospital, Victoria hospital and St Johns Medical College hospital Bengaluru. He was treated as an inpatient ever since the date of accident till his death. Even though a sum of Rs. 5,00,000/- has been awarded towards medical expenses, we are of the considered view that towards transportation, food and nourishment etc., an appropriate amount requires to be granted, especially in view of the fact that the claimants are residents of Bengaluru and the deceased was working in Madhya Pradesh at that point of time. Hence, it is appropriate to award a sum of Rs. 1,50,000/- under the said head.
Towards the conventional heads such as loss of love and affection, transportation, funeral as well as loss of estate, we are of the considered view that it is appropriate to award a sum of Rs. 1,50,000/- under the said head. The amount awarded towards medical expenses at Rs. 5,00,000/- is appropriate and undisturbed. The finding of the Tribunal that the deceased was negligent in causing accident to the extent of 10% is also undisturbed. Hence, the compensation now awarded is as follows:
Accordingly, the claimant will be entitled to an enhanced compensation of Rs. 3,33,000/- (Rs. 17,73,000/- - Rs. 14,40,000/-), which shall carry interest at the rate of 9% p.a. from the date of claim petition till realization of the amount, and the same shall be paid to the second claimant - mother of the deceased, within eight weeks from the date of receipt of a copy of this judgment.
Accordingly, the appeals are allowed in part in the aforesaid terms.
The registry is directed to transmit the amount in deposit before this court, if any, and the records to the tribunal forthwith.