Prema S.R. vs Venkatesh

N.K. Patil, J.—This appeal by the appellants-claimants is directed against the impugned judgment and award dated 15/07/2011 passed in MVC No. 1052/2010, by the District Judge and Additional Motor Accident Claims Tribunal-II and I Fast Track Court, Shimoga, (hereinafter referred to as '' Tribunal'' for short), for enhancement of compensation., on the ground that, a sum of Rs. 3,61,000/- awarded by the Tribunal under different heads with interest at 6% per annum from the date of petition till payment, as against the claim Rs. 45,60,000/- on account of the death of the deceased Sri. N.S. Gurumurthy, in the road traffic accident is inadequate.

In brief, the facts of the case are:

The appellants. are the wife and children of the deceased. They filed a claim petition before the Tribunal under Section 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 25.4.2010 the Lorry bearing No. KA.06.A.3826 was carrying the Akeshiya poles which was stretched beyond the body of the lorry and driver has not taken any care of putting either red light or any other sign indicating the projection of the akesia tree poles and it was moving from Thirthahalli to Shimoga on N.H. 13 and at 9 p.m. and when it was moving near Savatemakki, Hirthahalli taluk, at that time, deceased was driving the bike No. KA.14.W.2946 behind: the said lorry in order to go to Mandagadde. At that time, the driver of the said lorry without giving any signal had suddenly applied the brake and stopped the lorry. Due to which, deceased hit the poles and sustained the fatal injuries and succumbed to the death at the spot itself.

It is the further case of the appellants that, deceased was aged about 45 years, hale and healthy prior to the accident and doing agricultural work and also the vice president of Mandal Panchayath of Mandagadde and getting monthly income of Rs. 25,000/-. 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. 3,61,000/- under different heads with interest at 6% p.a., from the date of petition till payment.

Being dis-satisfied 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 Insurer.

The submission of the learned counsel appearing for the appellants, at the outset is that, the Tribunal has erred in not assessing the income of the deceased reasonably and what is assessed is on the lower side and is liable to be enhanced, on the ground that, deceased was aged about 45 years, he was doing agricultural work, the Vice President of Mandal Panchayath at Mandagadde and getting the monthly income of Rs. 25,000/-. He further submits that, the compensation awarded by the Tribunal towards conventional heads is on the lower side and also the rate of interest awarded by the Tribunal at 6% p.a., is on the lower side and is liable to be enhanced at least to 9 to 10% since the accident has occurred in the year 2010. Therefore, he submitted that the impugned judgment and award is liable to be modified.

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, interference by this Court is not called for.

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 45 years, hale and healthy prior to the accident, doing agricultural work and also he was the Vice President of Mandal Panchayat of Mandagadde and the dependants are his wife and children. The Tribunal, has assessed the income of the deceased at Rs. 3,000/- per month, which is on the 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. 6,000/- per month instead of Rs. 3,000/- per month as assessed by the Tribunal. Out of which, if 1/3rd ( Rs. 2,000/-) is deducted towards the personal and living expenses of the deceased, his net income comes to Rs. 4,000/- per month. The proper multiplier applicable is ''14'' since deceased was aged about 45 years as rightly adopted by the Tribunal and we accept the same. Therefore, we re-determine the loss of dependency at Rs. 6,72,000/- ( Rs. 4,000/- x 12 x 14) instead of Rs. 3,36,000/- as awarded by the Tribunal and accordingly, it is awarded.

Having regard to the facts and circumstances of the case, we award a sum of Rs. 1,00,000/- towards loss of consortium, Rs. 30,000/- towards loss of love and affection at the rate of Rs. 10,000/- to each of the claimant Nos. 1 to 3, Rs. 25,000/- towards loss of estate and Rs. 25,000/- towards transportation and funeral expenses instead of Rs. 25,000/- awarded by the Tribunal. In all, the appellants are entitled to a total compensation of Rs. 8,52,000/- instead of Rs. 3,61,000/- as awarded by the Tribunal.

Further as rightly pointed out by the learned counsel appearing for the appellants, 6% interest per annum awarded by the Tribunal is on the lower side, since the accident is of the year 2010. In the light of the judgment of Apex Court and this Court we award the rate of interest at 9% per annum from the date of petition till its realization on the enhanced compensation instead of 6% awarded by the Tribunal.

There would be an enhancement of Rs. 4,91,000/- with interest at 9% p.a., from the date of petition till its realization (excluding interest for the delayed period of 369 days in filing the appeal).

For the foregoing reasons, the appeal filed by the appellants is allowed in part. The impugned judgment and award dated 15/07/2011 passed in MVC No. 1052/2010, by the District Judge and Additional Motor Accident Claims Tribunal-II and I Fast Track Court, Shimoga, is hereby modified, awarding a sum of Rs. 4,91,000/- with interest at 9% p.a., from the date of petition till its realization, (excluding interest for the delayed period of 369 days in filing the appeal) in addition to the compensation awarded by the Tribunal.

The 3rd respondent-Insurer is directed to deposit the enhanced compensation of Rs. 4,91,000/- with interest at 9% p.a., from the date of petition till the date of realization, (excluding interest for the delayed period of 369 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. 4,91,000/-, a sum of Rs. 2,00,000/- with proportionate interest shall be invested in the Fixed Deposit, in the name of the appellant No. 1, wife of the deceased, in any Nationalized or Scheduled or Grameena Bank, for a period of 10 years and renewable by another 10 years, with liberty reserved to the appellant No. 1 to withdraw the interest accrued on it, periodically.

A sum of Rs. 1,00,000/- with proportionate interest shall be invested in the Fixed Deposit, in the names of each of the appellant Nos. 2 and 3 in any Nationalized or Scheduled or Grameena Bank, till they attain 30 years, with liberty reserved to them to withdraw the interest accrued on it, periodically,

The remaining sum of Rs. 91,000/- with proportionate interest shall be released in favour of appellant No. 1 immediately.

Draw the award, accordingly.