Puttaswamygowda vs Ravi M.

(Mrs.) Rathnakala, J.—Being dissatisfied with the impugned judgment and award dated 29-7-2015, passed by the Prl. Senior Civil Judge and Addl. MACT, Hassan, on her file in MVC No. 659/2014, the claimants are in appeal.

Briefly stated, the claimants on the death of their daughter in a road traffic accident dated 27-12-2013, filed a claim petition under Section 166 of Motor Vehicles Act before the Tribunal against the owner and insurer of the offending vehicle/Tempo Traveller bearing registration No. KA-02-AB-2106. Their case was, the deceased-Manjula aged 24 years, while she was proceeding along with her brother as a pillion rider on Pulsar Motor Cycle bearing Registration No. KA- 05-HG-5529 at about 8 p.m., near Gulsindha Village on Bypass Road, Channarayapattana, the Tempo Traveller came from opposite side in a rash and negligent manner and dashed against motor cycle, as a result, the deceased fell down and suffered grievous injuries and succumbed to the injuries at the spot. Criminal case was registered by the jurisdictional police against the driver of the Tempo Traveller. The deceased was working at Karle International, Bangalore and earning a sum of Rs. 15,000/- per month, at the relevant point of time. She was maintaining the family. Sri Harisha P., the son of the claimants was also victim of the same accident. He is their only son and his right hand is amputed because of the accidental injuries.

The claim was contested. The Tribunal on overall consideration of the material on record, allowed the petition in part awarding a compensation of Rs. 4,08,000/- with interest at 6% per annum from the date of petition till realization.

Sri G.S. Byrareddy, for Smt. Kavitha. H.C. learned counsel for the appellants submits that the deceased was earning Rs. 15,000/- per month by working in the Factory and also doing tailoring work. She had also future prospects of promotion and hike in her salary, but the Tribunal overlooking this aspect of the matter, assessed her income only at Rs. 4,500/- per month to workout loss of future income. That apart, the amount of Rs. 20,000/- awarded towards loss of love and affection, Rs. 10,000/- awarded towards transportation and funeral expenses is meager and no amount is awarded towards loss of estate. The interest awarded at 6% is in violation of the judgments of this Court and Apex Court. Hence, the judgment and award of the Tribunal may be modified by enhancing the same and also rate of interest.

.Sri B.C. Seetharama Rao, learned counsel for the respondent No. 2 submits that the claimant did not examine the author of Ex.P10-Salary Certificate, in support of their contention that the deceased was earning Rs. 10,191/- per month. In the said circumstances, taking monthly income at Rs. 4,500/- by the Tribunal was just and proper. However, since no amount is awarded towards loss of estate, the judgment and award of the Tribunal may be modified by addressing said fact in accordance with law.

In the light of the above submissions, on perusal of the impugned judgment and award, it emerges that the appellants are none other than parents of the deceased who breathed her last in the motor vehicular accident on 27-12-2013 involving the Pulsar Motor Cycle bearing Registration No. KA-05-HG-5529 and Tempo Traveller bearing Registration No. KA-02-AB-2106 insured by the 2nd respondent is not in dispute. The liability to vouch the risk of the owner by the insurer/respondent No. 1 is also not in dispute. Having regard to the age, nature of the profession of the deceased and the year of the accident, the income of the deceased may be conveniently reassessed at Rs. 9,000/- per month as against Rs. 4,500/- per month assessed by the Tribunal. The deceased being a spinster, 50% of the income shall be deducted towards her personal expenses. The younger age of the parents of the deceased i.e. mother is 44 years and suitable multiplier applicable as per Sarla Verma and others v. Delhi Transport Corporation, 2009 ACJ 1298, AIR 2009 SC 3104 is ''14'' and loss of dependency works out Rs. 7,56,000/- (Rs. 4,500/- x 12 x 14 = Rs. 7,56,000/-).

Towards loss of love and affection, we propose to award Rs. 1,00,000/- and Rs. 25,000/- towards loss of estate and Rs. 25,000/- towards transportation and funeral expense. Thus, the claimants are entitled for total compensation of Rs. 9,06,000/- as against Rs. 4,08,000/- awarded by the Tribunal.

Thus, there would be an enhancement of Rs. 4,98,000/-.

In the light of the recent judgments of the Apex Court and this Court in identical cases, we award interest at 9% per annum on the enhanced compensation.

In the light of the facts and circumstances of the case, as stated above, the appeal filed by appellants is allowed in part.

The impugned judgment and award dated 29th July, 2015, passed in MVC No. 659/2014, by the Principal Senior Civil Judge and Member, Additional Motor Accident Claims Tribunal, Hassan, is hereby modified, awarding a sum of Rs. 9,06,000/- as against Rs. 4,08,000/- awarded by the Tribunal, with interest at 9% per annum on the enhanced sum, from the date of petition till the date of realization. Thus, there would be enhancement of compensation by a sum of Rs. 4,98,000/- with 9% interest per annum from the date of petition till the date of realization.

The second respondent-Insurer is directed to deposit the enhanced compensation of Rs. 4,98,000/-, with interest thereon at 9% per annum, within three weeks from the date of receipt of copy of the judgment.

Immediately on such deposit by the Insurer, a sum of Rs. 1,00,000/- with proportionate interest shall be invested in the name of appellant No. 1/father of deceased, in Fixed Deposit, in any nationalized/scheduled/Grameena Bank, for a period of five years, renewable by five years, with liberty reserved to hi in to withdraw the periodical interest.

A sum of Rs. 3,00,000/- with proportionate interest shall be invested in the name of appellant No. 2/mother of deceased, in Fixed Deposit, in any nationalized/scheduled/Grameena for a period of ten years, renewable by five years, with liberty reserved to her to with draw the periodical interest.

Remaining sum of Rs. 98,000/- with proportionate interest shall be released in favour of both the appellants, in equal proportion, immediately.

Office to draw award, accordingly.