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Judgment
Though this matter is posted for orders, the same is taken up for final disposal with the consent of learned counsel for both the parties. This appeal by the claimants is directed against the impugned judgment and award dated 22.12.2011 passed in MVC No. 490/2011 on the file of the Fast Track Court No. III, & MACT, Mysore.
The Tribunal by its impugned judgment and award has awarded a sum of Rs. 2,73,100/- with interest at 6% p.a. from the date of petition till its realization, on account of the death of deceased Manjunatha in the road traffic accident. The claimants on the ground that the quantum of compensation awarded by the Tribunal is inadequate and it requires enhancement, have presented this appeal.
The brief facts of the case on hand are, appellants are the parents of the deceased. They have filed the claim petition u/s 166 of the MV Act claiming compensation on account of the untimely death of the deceased Manjunatha in the road traffic accident that occurred on 7.2.2011 at about 9.30 a.m. due to the rash and negligent driving by the driver of the offending vehicle involved in the accident, on account of which, he sustained grievous injures and succumbed to the injuries. According to the claimants, due to the untimely death of the deceased in the road traffic accident the parents of the deceased have lost the security, love and affection and also deprived of seeing the bright future of their son who was the only earning member of the family and the social and economic condition of the: family is affected. Deceased was hale and healthy prior to the accident and was aged about 24 years and an agriculturist by profession. He was a bright and committed person and also working as a Supervisor. Taking all these aspects into consideration, they have filed claim petition against the respondents. The said matter had come up before the Tribunal. The Tribunal after hearing both sides and after appreciating the oral and documentary evidence on record, has allowed the same by awarding Rs. 2,73,100/- with 6% interest from the date of petition till its realization. Being dissatisfied with the impugned judgment and award passed, the appellants/claimants have filed this appeal seeking enhancement of compensation.
It is the submission of the learned counsel for the appellants at the outset that the Tribunal has erred in assessing the income of the deceased at only Rs. 3,000/- per month. He was aged about 24 years at the time of accident and by profession he was an agriculturist cum Supervisor cum Maistry. He was hale and healthy before the accident. The accident is of the year 2011. The parents have been deprived of seeing the bright future of their son. As such, the income of the deceased ought to have been assessed reasonably. As such, the same may be redetermined and after deducting 50% towards personal expenses and taking the younger age of the appellants by adopting the appropriate multiplier of 14, and reasonable amount be awarded towards loss of dependency and also towards conventional heads, by modifying the impugned judgment and award. Further it is submitted that the interest awarded at 6% is also on the lower side since the accident is of the year 2011 and the same be modified awarding 8% interest p.a. on the compensation amount from the date of petition till realization.
As against this, learned counsel appearing for the 3rd respondent-Insurer inter alia contended that substantial amount has been awarded by the Tribunal, after due consideration of the oral, documentary and other evidence on record and also by considering the age of the deceased, his avocation and date of the accident. Therefore, interference does not call for.
After careful consideration of the submissions of learned counsel for both the parties and after perusal of the impugned judgment and award the point that would arise for consideration is:
Whether the quantum of compensation awarded by the Tribunal is just and reasonable?
The occurrence of the accident resulting in death of the deceased Manjunatha in the road traffic accident is not in dispute. Further, it is not in dispute that the claimants are none other than the parents of the deceased. It is also not in dispute that deceased was aged 24 years and was an Agriculturist cum Maistry cum Supervisor. He was the only earning member of the family. Taking these relevant aspects into consideration, it is reasonable to assess the income of the deceased at Rs. 5,000/- per month to meet the ends of justice, out of which, 50% is to be deducted towards personal expenses since the deceased was unmarried, following the well settled law of the Apex Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, . So, the net income would be Rs. 2500/- p.m. Taking into consideration the age of the younger parent, mother i.e., 44 years, the appropriate multiplier is 14, accordingly, we re-determine the loss of dependency at Rs. 4,20,000/.- (Rs. 2500/- x 12 x 14). Accordingly, it is awarded.
Further, it is reasonable to award Rs. 45,000/- towards conventional heads like loss of love and affection, loss of estate and transportation and funeral expenses. Thus in all, claimants would be entitled to Rs. 4,65,000/- as against Rs. 2,73,100/- i.e., there would be enhancement of Rs. 1,91,900/- with interest at 8% p.a. from the date of petition till its realization on the enhanced compensation. In the light of the above facts and circumstances, appeal is allowed in part. The impugned judgment and award dated 22.12.2011 passed in MVC No. 490/2011 on the file of Fast Track Court No. III & MACT, Mysore is hereby modified awarding Rs. 1,91,900/- in addition to the compensation awarded by the Tribunal with 8% interest from the date of petition till its realization on the enhanced compensation amount.
The 3rd respondent-Insurer is directed to deposit the enhanced amount of compensation with interest within a period of three weeks from the date of receipt of the copy of the judgment.
Out of the enhanced compensation amount, Rs. 1,00,000/with proportionate interest shall be invested in the name of the appellant No. 2 for a period of 10 years renewable for another 10 years, in any of the nationalized or scheduled bank and she is entitled to withdraw the interest periodically.
Rs. 50,000/- with proportionate interest shall be invested in the name of 1st appellant for a period of 10 years renewable for another 5 years and he is entitled to withdraw the interest periodically.
Remaining Rs. 41,900/- with proportionate interest shall be released in favour of appellants No. 1 & 2, in equal proportion immediately after deposit by the 3rd respondent-Insurer.
Draw the award, accordingly