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Judgment
This appeal is filed by the appellants/claimants seeking enhancement of compensation awarded in judgment and award dated 01.06.2024 passed in MVC No.2615/2022 by the XXII Additional Small Causes Judge and Member, MACT, Bengaluru (SCCH-24).
The appellants made a claim petition praying to award compensation for the death of Thriuppathi Gopal in a road traffic accident occurred on 06.03.2022 contending that the accident occurred due to rash and negligent driving of the driver of TNSTC Bus bearing Regn.No.TN-29-N-2838. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under:
| Sl.No. | Heads | Amount in (Rs.) |
|---|---|---|
| 01. | Transportation and funeral expenses | 18,150/- |
| 02. | Loss of love and affection | 48,400/- |
| 03. | Loss of estate | 18,150/- |
| 04. | Loss of dependency | 28,72,800/- |
| Total | 29,57,500/- |
The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed respondent No.1/TNSTC to deposit the award amount with interest. The claimants seeking enhancement of compensation have filed the present appeal.
Heard learned counsel for the appellants and learned counsel for respondent No.1/TNSTC.
Learned counsel for appellants would contend that deceased was working as Turner in Gowthami Engineering, Bommanahalli, Bangalore and getting salary of Rs.24,950/- as per Ex.P12 and the Proprietor of Gowthami Engineering is examined as PW.4 and bank account statement of the deceased has been produced at Ex.P19 which indicate credit of salary to his account. Considering the said aspect the income taken by the Tribunal at Rs.19,000/- is on lower side. The Tribunal has not awarded consortium to both the claimants and awarded only to one claimant. Both the claimants being parents of deceased are entitled to consortium. The compensation awarded under other heads is just and proper. With this he prayed to allow the appeal.
Learned counsel for respondent No.1 would contend that the income taken by the Tribunal at Rs.19,000/- p.m. considering the documents produced is just and proper. The compensation awarded under other heads is just and proper and there are no grounds for enhancement of compensation.
The accident occurred on 06.03.2022 and as on the date of accident, the deceased was aged 22 years. The deceased was working as Turner in Gowthami Engineering, Bommanahalli, Bangalore. PW-4 is the Proprietor of the said Gowthami Engineering. Ex.P12 is the Salary slip of the deceased which indicate that he is getting salary of Rs.24,950/-. Ex.P-19 is the bank account statement which indicate credit of different sums for different months which is lesser than Rs.24,950/-. Ex.P12 – salary slip indicate that Rs.6,500/- has been included in the salary which is overtime amount. If the overtime amount is deducted the gross salary of the deceased is Rs.18,450/-. Considering the deceased was doing overtime work, his gross salary is taken at Rs.20,000/- as against Rs.19,000/- taken by the Tribunal. The Tribunal has rightly added 40% future aspects, deducted 50% personal expenses and added multiplier ‘18’. In view of the same, the loss of dependency is calculated as under:
Rs.20,000+8000(40%)=28,000-50%=Rs.14,000/-Rs.14,000 x 12 x 18 = Rs.30,24,000/-
The Tribunal has rightly awarded loss of estate and funeral expenses. The Tribunal has awarded consortium to only one claimant in a sum of Rs.48,400/-. The claimants being parents of deceased are entitled to consortium in a sum of Rs.48,400/- each. Therefore, the claimants are entitled to consortium in a sum of Rs.48,400/- each as against Rs.48,400/- awarded by Tribunal.
In view of the above, the claimants are entitled to compensation under various heads as under:
| Sl.No. | Heads | Amount in (Rs.) |
|---|---|---|
| 01. | Loss of dependency | 30,24,000/- |
| 02. | Loss of consortium | 96,800/- |
| 03. | Loss of estate | 18,150/- |
| 04. | Funeral expenses | 18,150/- |
| Total | 31,57,100/- |
Considering the above aspects, the claimants are entitled to total compensation of Rs.31,57,100/- as against Rs.29,57,500/- awarded by the Tribunal with interest @ 6% p.a. from the date of petition till realization. Consequently, the claimants are entitled to enhanced compensation of Rs.1,99,600/- with interest @ 6% p.a. from the date of petition till realization. Respondent No.1/TNSTC is liable to pay the said enhanced compensation with interest.
In view of the above, the following:
ORDER
The appeal is allowed in part.
ii) The appellants/claimants are entitled to enhanced compensation of Rs.1,99,600/-with interest @ 6% p.a. from the date of petition till realization.
iii) Respondent No.1/TNSTC shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day.
iv) Appellants are entitled to release of entire enhanced compensation in equal share.