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Judgment
N.K. Patil, J.—This appeal by the claimants is directed against the common judgment and award dated 14th December 2011, passed in MVC No. 396/2009, by the Principal Senior Civil Judge, Additional Motor Accident Claims Tribunal, Hassan, (for short, ''Tribunal'') for enhancement of compensation on the ground that, the compensation of Rs. 2,62,000/- awarded in favour of the claimants as against their claim for Rs. 15,00,000/-, is inadequate. The facts in brief are that, the claimants are the parents of deceased Shariff. They filed the claim petition u/s 166 of the Motor Vehicles Act, contending that at about 7:30 P.M., on 21-04-2008, when the deceased Shariff and others were going in a motor cycle bearing Registration No. KA-19/E-8721 on NH-48, B.M. Road near Chowlgere of Alur Taluk, he met with an accident due to rash and negligent driving by the driver of Tractor and Trailer bearing Registration No. KA-13/9772-9773 by loading with stones as he stopped the vehicle suddenly without giving any caution or signal. Due to the impact, the deceased sustained grievous injuries and succumbed to the same on the spot.
It is the case of the appellants that, the deceased was aged about 18 years and working as a Mason, earning a sum of Rs. 9,000/- per month and was hale and healthy prior to the accident. On account of the untimely death of the deceased Shariff, the claimants/appellants have lost the love and affection, social and financial security and they are also deprived of seeing the future progress of their son and therefore, they have to be compensated reasonably.
On account of the death of the deceased Shariff, the appellants filed the claim petition before the Tribunal, seeking compensation against the respondents. The said claim petition had come up for consideration before the Tribunal on 14th December, 2011. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 2,62,000/- under different heads, with 6% interest per annum, from the date of petition till the date of payment. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants are in appeal before this Court, seeking enhancement of compensation.
I have gone through the grounds urged in the memorandum of appeal and heard learned counsel appearing for appellants and learned counsel appearing for Insurer, for quite some time.
Learned counsel appearing for appellants, at the outset submitted that the Tribunal grossly erred in assessing the income of the deceased at only Rs. 3,000/- per month. The same is on the lower side and liable to be re-assessed as the deceased was aged about 18 years and working as a Mason and that the accident occurred during 2008. Therefore, the impugned judgment and award passed by Tribunal is liable to be modified by enhancing the compensation towards loss of dependency as also conventional heads.
As against this, learned counsel appearing for Insurer sought to justify the impugned judgment and award stating that the same is passed after due appreciation of the oral and documentary evidence available on file and that the Tribunal has rightly assessed the income of the deceased having regard to her age, avocation and the year of accident. Hence, interference in the same is not called for.
After hearing learned counsel for the parties, and after careful perusal of the judgment and award passed by the Tribunal, the only point that arise for my consideration in this appeal is,
Whether the quantum of compensation awarded by Tribunal is just and reasonable?
The undisputed facts of the case are, occurrence of accident and the resultant death of the deceased. It is also not in dispute that the deceased was aged about 18 years and a Mason by profession. It is stated that he was earning not less than Rs. 9,000/- per month. But, to substantiate the same, the appellants have not produced any credible documentary evidence. But, it can be seen that the Tribunal is also not justified in assessing the income of the deceased at only Rs. 3,000/- per month. The same is on the lower side and needs to be re-assessed. The accident is of the year 2008. Therefore, having regard to the age, avocation, number of dependents and also the year of accident, I re-assess the income of the deceased at Rs. 4,000/- per month, to meet the ends of justice. The deceased was a bachelor and the claimants are his parents. Therefore, having regard to the fact that the deceased was a bachelor, I deduct 50% towards personal expenses of the deceased, as per the decision of the Hon''ble Supreme Court in Sarla Verma''s Case (2009 ACJ 1298). Accordingly, If 50% (i.e. Rs. 2,000/-) is deducted from Rs. 4,000/- towards his personal expenses, the net income would be Rs. 2,000/- per month. The deceased was a bachelor and therefore, the age of the younger parent is to be taken into consideration. In this case, the younger parent, mother, is stated to be aged about 47 years as on the date of accident. Therefore, the proper multiplier applicable is ''1.3'' as rightly adopted by Tribunal. Thus, the compensation towards loss of dependency would work out to Rs. 3,12,000/- (i.e. Rs. 2,000/- x 12 x''13'') as against Rs. 2,62,000/- awarded by Tribunal.
Further, the Tribunal has erred in awarding only a sum of Rs. 28,000/- towards conventional heads. The same is on the lower side. As per the decision of the Apex Court in Sarla Verma''s case (supra), I award a sum of Rs. 45,000/- towards conventional heads, such as loss of estate, loss of love and affection and transportation and funeral expenses as against Rs. 28,000/- awarded by Tribunal.
Thus, the total compensation would work out to Rs. 3,57,000/- as against Rs. 2,62,000/- awarded by Tribunal. There would be enhancement of compensation by a sum of Rs. 95,000/-.
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 common judgment and award dated 14th December 2011, passed in MVC No. 396/2009, by the Principal Senior Civil Judge, Additional Motor Accident Claims Tribunal, Hassan, is hereby modified, awarding additional compensation of a sum of Rs. 95,000/- with interest at 6% per annum, from the date of petition till the date of realization.
The Insurance Company is directed to deposit the enhanced compensation of Rs. 95,000/-, with interest thereon at 6% per annum, within three weeks from the date of receipt of copy of the judgment.
Immediately on such deposit by the Insurance Company, a sum of Rs. 50,000/- with proportionate interest shall be invested in Fixed Deposit in the name of the second appellant-mother of deceased, for a period of ten years, renewable for five years, with liberty reserved to her to withdraw the periodical interest.
Remaining sum of Rs. 45,000/- with proportionate interest shall be released in favour of both the appellants, in equal proportion, immediately.
Office to draw award, accordingly.