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Judgment
B. Manohar, J.—The Appellants in MFA No. 9587/2007 is the claimants being unsatisfied with the quantum of compensation awarded by the Motor Accidents Claims Tribunal (for short ''the Tribunal'') Tumkur, dated 5-3-2007 in MVC No. 656/2006 filed this appeal seeking for enhancement of the compensation. Challenging the quantum of compensation awarded by the Tribunal in favour of the claimants, M/s. Royal Sundaram Alliance Insurance Company preferred MFA No. 7328/2007.
The brief facts of the case are as follows:
The claimants are the wife, son and mother of deceased Ananthamurthy who died in a road traffic accident that occurred on 12-4-2006 at about 10.45 a.m. It was contended in the claim petition that, on 12-4-2006, the deceased Ananthamurhty was proceeding on his Hero Honda motorbike bearing registration No. KA-02/EJ-5969 on Bangalore-Tumkur Road, at about 10.45 a.m., when he reached near IOC Petrol Bunk, a lorry bearing registration No. KA-01/AE-9495 driven by its driver in a rash and negligent manner came from Bangalore side and dashed against the Hero Honda of the deceased Ananthmurthy, Ananthamurthy sustained serious injuries and immediately he was shifted to Government Hospital at Dabaspet, thereafter he was shifted to NIMHANS, however, he succumbed to injuries on the way. The claimants have contended that the deceased was aged about 47 years, working as an Assistant Teacher in Government P.U College, Thyamagondlu, Nelamangala Taluk drawing salary of Rs. 12,363/- p.m. Due to the death of Ananthamurthy, they have lost their bread earner and they have claimed compensation of Rs. 10.00 lacs.
The Tribunal after considering the oral and documentary evidence let in by the parties, taking into consideration the net income of the deceased as Rs. 9,437/- deducting 1/3 towards his personal expenditure; applying multiplier 13 awarded Rs. 9,81,396/- towards loss of dependency. Rs. 10,000/- towards consortium; Rs. 10,000/- towards loss of estate; Rs. 10,000/- towards love and affection and Rs. 6,000/- towards transportation of dead body and funeral expenses. In all, 10,17,396/- has been awarded as compensation to the claimants with 6% p.a.
The claimants being not satisfied with the quantum of compensation awarded by the Tribunal preferred this appeal inter alia contending that the compensation awarded by the Tribunal is on the lower side. The deceased was working as an Assistant Teacher in a Government P.U. College, aged about 47 years. The Tribunal has not taken into consideration the future prospects as per the decision reported in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, Sarala Verma. Further, the compensation awarded on the other heads is also on the lower side and sought for enhancement of compensation.
The Insurer who is the Appellant in MFA No. 7328/2007 filed the appeal challenging the quantum of compensation awarded to the claimants. The Insurer has contended that the deceased was aged about 49 years and he had only 9 years of service and the Tribunal applying the multiplier of 13 is contrary to law. The claimants would get the pensionary benefits of the deceased. The Tribunal has not taken into consideration this aspect of the matter and contended that the compensation awarded is on the higher side and sought for setting aside the same.
We have carefully considered the arguments addressed by the learned Counsel for the parties and perused the oral and documentary evidence let in by the parties.
Upon hearing both the sides, we noticed that the deceased was aged about 49 years. He was working as an Assistant Teacher in Government P.U. College at Tyamagondlu, Nelamangala Taluk, drawing a salary of Rs. 12,363/- p.m. on the date of death. The Tribunal while awarding the compensation has not taken into consideration the future prospects of the deceased. The deceased was left with 11 years of service. Hence, 30% of the salary drawn by the deceased has to be taken as future prospects in view of the decision in Sarala Verma''s Case. Further, the Tribunal has taken into consideration only the net income and deducted 1/3 towards personal expenditure and has determined the dependency, which according to us is on the lower side.
Admittedly, the deceased was drawing salary of Rs. 12,363/- p.m. which is rounded off to Rs. 12,000/- and 30% of his monthly income has to be taken into consideration towards future prospects which would come to Rs. 15,600/- � 12 = Rs. 1,87,200/-. If we deduct Rs. 27,000/- towards income tax and professional Tax, the net amount would be Rs. 1,60,000/- p.a. applying the multiplier of 13 the total amount would be Rs. 20,82,600/-. If 1/3 is deducted towards the personal expenditure i.e. Rs. 6,94,200/- the total loss of dependency would come to Rs. 13,88,400/- which is rounded of Rs. 13,88,000/- and Rs. 40,000/- on other '' conventional heads. The total compensation comes about 14,28,000/-. If the compensation already awarded by the Tribunal i.e. Rs. 10,17,396/- is deducted, the claimants are entitled for the enhanced of compensation of Rs. 4,11,004/- which is rounded of to Rs. 4,11,000/- with interest at the rate of 6% p.a.
In view of our finding, MFA 7328/2007 filed by the Insurer is liable to be dismissed and the same is dismissed accordingly. MFA 9587/2007 filed by the claimants is allowed in part. The claimants are entitled to enhancement of compensation of Rs. 4,11,000/- with interest at the rate of 6% p.a. from the date of petition till the date of payment. Out of the enhanced compensation, Rs. 3,50,000/- with interest accrued thereon is ordered to be deposited in any Nationalised Bank for a period of 5 years. The claimants are entitled to draw the periodical interest and the remaining amount is ordered to be released in favour of the Appellants.