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Judgment
This appeal is filed by the appellants/claimants seeking enhancement of compensation awarded by IV Addl. Dist. Judge Vijayapura through its judgment and award dated 20.4.2015 in MVC No.979/2014.
Heard. Appeal is admitted. With the consent of the leaned counsels appearing for the parties, the appeal is heard finally and disposed of by this judgment.
The brief facts of the case of the claimants are that on 6.5.2014 at about 1.23 p.m., claimant no.2 and his son Sunny @ Sani were travelling on a bicycle to go to their house and when they came near Sindhuram residency, a tanker bearing Regn.No.MTF.8901 came from opposite direction rashly and negligently and dashed to the bicycle, as a result of the same, claimant no.2 and his son Sunny @ Sani fell down and sustained the injuries. Thereafter, his son was shifted to Civil hospital, Solapur, while under the treatment, he succumbed to the injuries. Claimants being the parents, filed the petition for compensation.
After service of notice, respondents no.1 and 2 appeared and filed their objections by denying the contents of the petition. They prayed for dismissal of the petition.
On the basis of the pleadings, the tribunal framed the Issues and answered the Issue no.1 in the affirmative, issue no.2 in the negative and issue no.3 partly in the affirmative and awarded a compensation of Rs.2,75,000/- with 6% interest. Being aggrieved by the said order, the claimants - appellants are before this Court.
Learned counsel for the appellants - claimants would submit that the compensation awarded by the Tribunal is on the lower side. He further contended that, the Tribunal ought to have kept into view the ratio laid down by the Apex Court in the case of Kishan Gopal and Another Vs. Lala and Others reported in 2014 (1) Cases 244 while granting the compensation. As such, he prays for allowing the appeal by enhancing the compensation awarded by the Tribunal.
Per contra, the learned counsel appearing on behalf of the second respondent - insurance company supporting the impugned judgment and award, seeks for dismissal of the appeal.
The occurrence of accident in question is not in dispute so also the vehicle involved in the accident for having been insured with the respondent no.2. As could be seen from the impugned judgment and award, the Tribunal by taking into consideration the age of the deceased as he is not the earning member awarded a compensation of Rs.2.25 lakhs and an amount of Rs.50,000/- on account of loss of company of their son and for pain and sufferings with interest at 6% p.a. The said compensation even though under the normal circumstances appears to be just and proper, but by keeping in view the decision reported in 2014 (1) Supreme Court Cases 244 in the case of Kishan Gopal and Another Vs. Lala and Others, it requires to be enhanced. In the said case, in case of death of children between the age group of 10-15 years, notional income of Rs.30,000/- p.a. was taken into consideration. In view of the said decision, it would be just and reasonable in the instant case to take the notional income of the deceased at Rs.30,000/- p.a. By considering the same and taking into consideration the age of the deceased and his mother, and applying the multiplier of 16, since the mother of the deceased was aged 35 years at the time of accident, the appellants are entitled to compensation of Rs.4,80,000/- (Rs.30,000/- x 16) and an amount of Rs.20,000/- has been awarded on other incidental chartges. If that is awarded, it will be the just compensation as held in the citation quoted supra and it would meet the ends of justice. Therefore, taking into consideration the above facts and circumstances, the appellants are entitled to an additional compensation of Rs.2,25,000/- (Rs.5,00,000/- less Rs.2,75,000/-) with interest at 6% p.a.
Accordingly, the appeal is allowed-in-part and the appellants are entitled to an additional compensation of Rs.2,25,000/- with interest at 6% p.a. from the date of the petition till realization. The Judgment and award passed by the Tribunal is modified to the extent as indicated above.
The respondent - insurance company shall deposit the additional amount of compensation awarded by this Court within six weeks from the date of receipt of the copy of this judgment.
The disbursement, release and deposit of enhanced amount are to be made in terms of the award of the Tribunal.
Draw up the award accordingly.