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Judgment
N.K. Patil, J.—Though this appeal is posted for orders, with the consent of learned Counsel for both sides, this matter is taken up for disposal.
This appeal arises out of impugned judgment and award dated 28.02.2004 passed in MVC No. 5168/2002 on the file of the XIII Additional Judge & Member, MACT, Court of Small Causes, Bangalore (SCCH-15) (hereinafter referred to as ''Tribunal'' for brevity), The Tribunal by its impugned judgment and award awarded a sum of Rs. 2,90,000/- with interest at 8% p.a. from the date of petition till the date of deposit on account of the death of Sri Swamy Gowda. Being aggrieved by the quantum of compensation awarded by the tribunal towards loss of love and affection, loss of estate and towards transportation and funeral expenses, the claimants felt necessitated to present this appeal for enhancement.
Brief facts of the case are:
Appellant Nos. 1, 2 and 3 are respectively the wife, son and minor daughter of the deceased. The Appellants contended that deceased Swamy Gowda was aged about 48 years, a milk vendor and agriculturist by avocation and was earning `5,000/- p.m. He was the only bread earner and financial support to the family. Due to untimely death of the deceased the family is facing severe financial constraints. He was hale and healthy prior to the accident. On a fateful i.e., on 21.09.2002 at about 5.30 p.m., when the deceased was travelling as a passenger in matador / tempo hearing registration No. KA-15-1012 towards Shani Mahatma Temple, at that time the driver of the said tempo drove the vehicle in high speed and in rash and negligent manner endangering human life. When the driver reached Ontimate Cross, in front of the Nale, he lost the control of the vehicle and dashed against the roadside tree. As a result of which, the deceased including other commuters sustained grievous injuries. The deceased succumbed to the injuries on the way to hospital Due to the said facts and circumstances, the Appellants were constrained to file a claim petition u/s 166 of M.V. Act claiming compensation against the Respondents. The said claim petition filed by the claimants came up for consideration before the Tribunal, and the Tribunal in turn, after perusal of the oral end documentary evidence on the file, allowed the claim petition in part awarding a sum of Rs. 2,90,000/-under different heads with interest at 8% p.a. Being dissatisfied with the compensation towards loss of love and affection, loss of estate and towards transportation and funeral expenses, the claimants have presented this appeal for enhancement.
We have heard the learned Counsel for the Appellants and the learned Counsel for the second Respondent-Insurance Company.
After critical evaluation of the oral and documentary evidence and other relevant material available on file and the impugned judgment and award, we do not find any material irregularity in awarding Rs. 2,64.000/- towards loss of dependency and Rs. 10,000/- towards loss of consortium and the same do not call for interference.
However, the Tribunal has erred in awarding only Rs. 5,000/- towards loss of love and affection, Rs. 6,000/- towards transportation and funeral expenses and Rs. 5,000/- towards loss of estate which are on the lower side and require to be enhanced.
Taking into consideration ail the relevant aspects, we deem it fit to award Rs. 15,000/- towards loss of love and affection, Rs. 10,000/- towards funeral and transportation expenses, Rs, 10,000/- towards loss of estate, to meet the ends of justice.
For the foregoing reasons, the instant appeal fifed by the Appellants allowed in part. The judgment and award dated 28.02.2004 passed in MVC No. 5168/2002 on the file of the XIII Additional Judge & Member, MACT, Court of Small Causes, Bangalore (SCCH-15) is hereby modified. The break up is as under;
1
Towards loss of dependency
Rs. 2,64,000/-
2
Towards loss of estate
Rs, 10,000/-
3
Towards loss of love and Affection,
Rs. 15,000/-
4
Towards transportation of Dead body and funeral expenses
Rs. 10,000/"
5
Towards loss of consortium
Rs. 10.000/-
Total
Rs. 3,09,000/-
The Appellants are entitled for a total compensation of Rs. 3,09,000/- as against Rs. 2,90,000/- awarded by the Tribunal. The enhanced compensation comes to Rs. 19,000/- with interest at 6% p.a. from the date of claim petition till the date of realisation.
The Insurance Company is directed to deposit the enhanced compensation amount within 4 weeks from the date of receipt of the copy of this judgment and award.
The enhanced compensation of Rs. 19,000/- with interest shall be released in favour of the Appellant No. 1, immediately on depositing by the second Respondent Insurance Company.
Office to draw the award, accordingly.