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Judgment
N.K. Patil, J.—This appeal by the appellants-claimants is arising out of the impugned judgment and award dated 23/02/2011 passed in MVC No. 547/2010, by the Senior Civil Judge and Additional Motor Accident Claims Tribunal, Sira, (hereinafter referred to as ''Tribunal'' for short), for enhancement of compensation, on the ground that a sum of Rs. 4,42,000/- awarded by the Tribunal under different heads, with interest at 6% per annum against the claim of Rs. 25,00,000/-, on account of the death the deceased Sri. Yogesh, in the road traffic accident is inadequate. In brief, the facts of the case are:
The appellant No. 1 is the mother and appellant No. 2 is the brother of the deceased Sri. Yogesh. They filed a claim petition before the Tribunal u/s 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 10.12.2009 at about 6.30 a.m. deceased was proceeding along with one Vasanth Kumar in order to go to Ramalingapur and when they are proceeding on the left side of the road, at that time, the driver of the Tractor/trailer bearing Reg. No. KA. 16.9105/06 came in a rash and negligent manner and dashed to the deceased from the back. As a result, deceased sustained injuries on the head and blood came from his ear. Immediately, he was taken to PHC Bukkapatna and as per the advice of the Doctor he was taken to NIMHANS Bangalore, but, on the way to hospital, he succumbed to the injuries.
It is the further case of the appellants that, deceased was aged about 20 years, hale and healthy prior to the accident and earning Rs. 20,000/- per month by doing agriculture and floriculture and contributing the same to the welfare of the family. Due to his untimely death, appellant No. 1 who was completely depending upon his earnings has lost her son, who was her future hopes and security, apart from mental shock and agony and appellant No. 2 is deprived of the love and affection of his brother.
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. 4,42,000/- under different heads, with interest at 6% per annum from the date of petition till its realization.
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.
Learned counsel for the appellants submitted that, the compensation awarded by the Tribunal towards loss of dependency and towards conventional heads is inadequate and it requires to be enhanced by modifying the impugned judgment and award passed by the Tribunal.
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, it does not call for interference.
After hearing the learned counsel for the parties and after perusing the materials available on record, 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 on 10.12.2009 and the resultant death of the deceased are not in dispute. The dependants are the mother and brother of the deceased. It is the case of the appellants that, deceased was aged bout 20 years, and earning Rs. 20,000/- per month by doing agriculture and floriculture. It emerges from the judgment that, the Tribunal has assessed the income of the deceased at Rs. 3,000/- per month which is on lower side and it needs to be re-assessed. Having regard to the age and occupation of the deceased and year of the accident, we re-assess his income at Rs. 4,500/- per month to meet the ends of justice, instead of Rs. 3,000/- per month as assessed by the Tribunal. Out of which, if 50% ( Rs. 2,250/-) is deducted towards his personal expenses since he was a bachelor, his remaining income comes to Rs. 2,250/- per month. The proper multiplier applicable taking the age of the mother of the deceased as 40 years as on the date of the accident, is ''15'', in view of the law laid down by the Apex Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, . Therefore, we re-determine the loss of dependency at Rs. 4,05,000/- ( Rs. 2,250/- x 12 x 15) instead of Rs. 4,32,000/- 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. 45,000/- towards conventional heads, such as, loss of love and affection, loss of estate and transportation and funeral expenses instead of Rs. 10,000/- awarded by the Tribunal. In all, the appellants are entitled to a total compensation of Rs. 4,50,000/- instead of Rs. 4,42,000/- awarded by the Tribunal. There would be an enhancement of Rs. 8,000/- with interest at 6% p.a., from the date of petition till its realization (excluding interest for the delayed period of 242 days in filing the appeal). For the foregoing reasons, the appeal filed by the appellants is allowed in part and the impugned judgment and award dated 23/02/2011 passed in MVC No. 547/2010, by the Senior Civil Judge and Additional Motor Accident Claims Tribunal, Sira, is hereby modified, awarding the compensation of Rs. 8,000/- with interest at 6% p.a., from the date of petition till its realization, (excluding interest for the delayed period of 242 days in filing the appeal). in addition to the compensation awarded by the Tribunal.
The 2nd respondent- Insurer is directed to deposit the enhanced compensation of Rs. 8,000/- with interest at 6% p.a., from the date of petition till the date of realization (excluding interest for the delayed period of 242 days in filing the appeal)., within a period of three weeks from the date of receipt of a copy of this judgment.
Immediately on such deposit by the Insurer, the entire enhanced compensation with interest shall be released in favour of the appellant No. 1, immediately.
Draw the award, accordingly.