AI Structured Summary
Not yet generated for this judgment
Judgment
N.K. Patil, J.—Admit.
This is a claimant''s Appeal directed against the impugned judgment and award dated 10th of March 2005 passed in MVC No. 3409/2003 on the file of VII Addl. Judge, Member, Motor Accident Claims Tribunal, Bangalore, (hereinafter referred to as ''Tribunal'' for short) for enhancement of compensation on the ground that the compensation awarded by the Tribunal is inadequate.
By its judgment and award, the Tribunal has awarded a sum of Rs. 1,76,000/- with interest at 6% per annum from the date of petition till the date of payment as against the claim made by the appellant for a sum of Rs. 10,00,000/-, on account of the death of the deceased-Sanjeevappa in the road traffic accident.
In brief, the facts of the case are:
The appellant, who is none other than the mother of the deceased, filed a claim petition u/s 166 of the Motor Vehicles Act claiming compensation of Rs. 10,00,000/- on account of the death of the deceased-Sanjeevappa contending that at about 8.00 p.m., on 6.4.2003 near Jalappa Estate, Allipura, while the deceased was going on bicycle towards Alipura, a tractor bearing registration No. KA 04 T 397-398 of respondent No. 1, came in a high speed in opposite direction and dashed against the vehicle, on account of which he fell down and sustained grievous injuries and succumbed to the injuries. It is the further case of the appellant that the deceased was aged about 25 years, a Coolie by profession and was earning Rs. 3,000/- per month. The family has lost the sole bread winner in the family and on account of the fault of the driver of the tractor, she has lost her son. The said claim petition had come up for consideration before the Tribunal. The Tribunal, in turn, after carefully hearing both the sides and after assessing the oral and documentary evidence, has allowed the claim petition in part and awarded a sum of Rs. 1,73,000/- with interest at 6% per annum from the date of Petition till the date of payment. Being aggrieved by the said judgment and award, the appellant has presented this Appeal seeking enhancement of compensation on the ground that the compensation awarded by the Tribunal is inadequate.
We have heard learned Counsel for the appellant and the learned Counsel for respondent No. 2/Insurance Company.
After careful perusal of the material available on record, including the impugned judgment and award passed by the Tribunal it emerges that the deceased was aged about 25 years, Coolie by profession and the accident occurred on 6.4.2003 and therefore, the Tribunal is not justified in taking the income of the deceased at Rs. 2,000/- per month. Having regard to the above aspects, We re-assess the income of the deceased, who was a bachelor, at Rs. Rs. 3,000/- per month. If 50% is deducted towards his personal and living expenses, it comes to Rs. 1,500/- per month. The mother of the deceased was aged 45 years at the time of accident. Hence, the appropriate multiplier applicable is 14 as per the Apex Court decision in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, Accordingly, We re-determine compensation towards loss of dependency in a sum of Rs. 2,52,000/- (Rs. 1,500 x 12 x 14). The Tribunal erred in awarding compensation towards conventional heads. We deem it fit to award a sum of Rs. 20,000/- towards loss of expectancy, Rs. 10,000/- towards loss of love and affection and Rs. 10,000/- towards transportation of dead body and funeral expenses. In all, the appellant is entitled for a sum of Rs. 40,000/- towards conventional heads.
Having regard to the facts and circumstances, as stated above, the Appeal filed by the appellant is allowed in part. The impugned judgment and award dated 10th of March 2005 passed in MVC No. 3409/2003 on the file of Motor Accident Claims Tribunal, Bangalore, is hereby modified, granting compensation of Rs. 2,92,000/- instead of Rs. 1,76,000/- awarded by the Tribunal. The enhanced compensation comes to Rs. 1,16,000/- with interest at 6% per annum from the date of Petition till realisation.
Respondent No. 2/Insurance Company is directed to deposit the enhanced compensation of Rs. 1,16,000/- with interest at 6% per annum within three weeks from the date of receipt of the copy of the Judgment and award.
Out of the enhanced compensation of Rs. 1,16,000/-, a sum of Rs. 80,000/- with proportionate interest shall be kept in Fixed Deposit in the name of the appellant in any Nationalized or Scheduled Bank, for a period of five years and renewable by another five years, with liberty to her to withdraw interest accrued on it periodically.
The remaining sum of Rs. 36,000/- with proportionate interest shall be released in favour of appellant immediately on deposit of the amount by the respondent No. 2/Insurance Company.
Office to draw the award, accordingly.