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Judgment
K.N. Keshavanarayana, J.—Though this appeal is listed today for orders, by consent of the learned counsel appearing on both sides, the same is heard for final disposal. This appeal is by the claimants in MVC No. 1289/2007 on the file of MACT, Bijapur, seeking enhancement of compensation.
The appellants-claimants filed claim petition u/s 166 of the Motor Vehicles Act, 1988 (for short, ''M.V. Act'') seeking compensation for the death of their son Vishwanath, who died on account of the injuries sustained by him in the motor vehicle accident that occurred at about 7.00 p.m. on 24.09.2007 involving the Jeep bearing Registration No. K.A. 38/N-2345 in which he was travelling and the Tractor-Trailer bearing Registration No. K.A. 28.T.7653-55. The claim was made against the owner and insurer of the Tractor-Trailer
The claimants contended that the deceased was an agriculturist and was earning not less than Rs. 6,000/- p.m., and that he was the only bread-earner of the family. The claim petition was contested by the owner and the insurer of the Tractor-Trailer.
The Tribunal after recording the evidence led by the parties and on assessment of oral as well as documentary evidence, answered the issue regarding actionable negligence in the affirmative holding that the accident was solely due to the negligence of the driver of the Tractor-Trailer. The Tribunal reckoned the monthly income of the deceased at Rs. 3,000/- and deducted 50% of the same towards the personal and living expenses of the deceased, as he was a bachelor and by adopting the multiplier of ''13'' referable to the age of the mother, quantified the loss of dependency at Rs. 2,34,000/-. In addition to this, the Tribunal awarded a sum of Rs. 5,000/- towards loss of estate, Rs. 5,000/- towards loss of expectancy and Rs. 5,000/- towards funeral expenses. In addition to this, the Tribunal awarded a sum of Rs. 95,000/- towards medical expenses incurred from the date of accident till the date of death of the deceased. Thus, in all the Tribunal awarded a sum of Rs. 3,44,000/- and directed the insurer of the offending vehicle to pay the same with interest at 6% p.a. from the date of petition till the date of payment. Being dissatisfied with the quantum of compensation, the claimants are in appeal before this court.
The main contention urged by the appellants are that the Tribunal has committed error in reckoning the monthly income of the deceased only at Rs. 3,000/- though they had produced cogent and acceptable evidence to show that the deceased was earning not less than Rs. 6,000/-; that the multiplier adopted with reference to the age of the mother is improper and the Tribunal ought to have adopted the multiplier as applicable to the age of the deceased.
I have heard the learned counsel appearing on both sides and perused the judgment under appeal. Even according to the claimants, the deceased was doing agricultural work and was earning a sum of Rs. 6,000/- p.m. However, to substantiate this contention, except leading some oral evidence, the claimants have not placed any acceptable evidence. Therefore, it cannot be said that the Tribunal is not justified in not accepting the said contention of the claimants. Nevertheless, in my considered opinion, having regard to the fact that the deceased was a young person aged about 22 years and was stated to be an agricultural worker, the Tribunal is not justified in reckoning the monthly income at Rs. 3,000/-. The Apex Court in the case of Sri Ramachandrappa Vs. The Manager, Royal Sundaram Alliance Insurance Company Limited, while dealing with the case involving an accident which occurred in 2004, has held that even a labourer during that period must have been earning daily wages between Rs. 100/- to Rs. 150/-. Keeping this observation in mind and taking into consideration the vocation of the deceased as well as his age, I am of the considered opinion that the interest of justice would be met if the monthly income of the deceased is reckoned at Rs. 4,000/. The deduction towards the personal and living expenses has been rightly taken as half of the income of the deceased, since the deceased was a bachelor. In the light of the judgment in Amrit Bhanu Shali and Others Vs. National Insurance Co. Ltd. and Others, , the appropriate multiplier should be with reference to the age of the deceased. On this basis, the total compensation payable under the head of loss of dependency works out to Rs. 4,32,000/- (2000 x 12 x 18). The compensation awarded by the Tribunal under conventional heads as well as medical expenses is just and proper and does not warrant interference by this court. Therefore, the claimants are entitled for Rs. 5,42,000/- (Rupees Five Lakhs Forty Two Thousand) as against Rs. 3,44,000/-. Thereby, the claimants are entitled for enhanced compensation of Rs. 1,98,000/- (Rupees One Lakh Ninety Eight Thousand). In view of the above, the appeal is allowed-in-part by enhancing the compensation payable to the claimants to Rs. 5,42,000/- (Rupees Five Lakhs Forty Two Thousand) as against Rs. 3,44,000/-. The enhanced compensation of Rs. 1,98,000/- (Rupees One Lakh Ninety Eight Thousand) shall carry interest at 6% p.a. from the date of petition till the date of payment.
Respondent No. 2-Insurer of the offending vehicle is directed to deposit the enhanced compensation within six weeks from today.
Out of the enhanced compensation of Rs. 1,98,000/-, 90% with proportionate interest shall be kept in Fixed Deposit in any Nationalized Bank in the name of the 2nd Claimant-Mother of the deceased with liberty to her to withdraw periodical interest accrued thereon and the balance 10% of the same with proportionate interest, shall be disbursed to her. Draw award accordingly.