Smt. Ratnavva Aijunagouda Pati vs Rajesab

G. Narendar, J.—These appeals are listed for hearing on interlocutory application. At this stage, on the request of the learned counsel for the appellants, the appeals are taken up for final disposal in the light of the fact that the 5 accident had occurred way back in the year 2004 and that the victims are languishing without actually benefiting from the compensation 5 awarded.

Heard learned counsel for the appellants and the respondent-insurer.

The brief facts of the case are that the appellants are claimants and legal heirs of the deceased. The appellants are illiterate villagers and they have lost the breadwinner of their respective families. That they are lack worldly knowledge and hence, they were prevented from approaching the Court within time. It is submitted that the Tribunal has awarded a starkly meagre amount as compensation and the sum awarded is neither just nor reasonable. It is also seen that apart from the widows of the deceased, the children of the deceased are minors and who are not only deprived of the love and affection of their father, but also the care, guidance and means of sustenance. In view of this, the Court is of the considered opinion that the interlocutory application praying for condonation of delay requires to be sympathetically considered. Accordingly, LA. No. 1/2012 are allowed in both the appeals and the delay of 1384 days in preferring the appeals are condoned subject to the condition that the appellants will not be entitled for interest for the said period of delay.

Heard learned counsel for the appellants and the respondents. With the consent of both the learned counsel, the appeals are taken up for final disposal as it pertains to an accident that occurred on 12-5-2004 and also keeping in view the fact that the claimants are none other than the widows and minor children of the deceased. The fact of the case in a nutshell are that on 12-5-2004, the deceased Arjunagouda and Dundappa were travelling in the motorcycle bearing Reg. No. KA-22/R-3198 and at about 20-30 hours, the offending vehicle bearing Reg. No. KA-22/B-5390, was being driven in rash and negligent manner and at a high speed, in a manner endangering human life, came and hit the motorcycle causing the accident. On account of the accident, the husband of the 1st appellant in both the appeals succumbed to the injuries at the spot and hence, the claim petitions.

In MFA No. 21656/2012: It is submitted by the learned counsel that the Tribunal while considering and fixing the notional income has fixed the same at a meagre sum of Rs. 80-00 per day. Learned counsel for the appellants submits that even in negotiable settlement before the Lok Adalat, the notional income for the year 2004-05 is fixed at Rs. 3,000-00 per month and he would submit that the minimum sum that requires to be adopted as notional income should be at Rs. 3,000-00 p.m.

Learned counsel for the respondent/insurer fairly admits that it would be just and reasonable and would meet the ends of justice if the notional income is fixed at Rs. 3,000-00 p.m. Accordingly, the notional income is fixed at Rs. 3,000-00 p.m. It is also pointed out that the Tribunal adopted the multiplier �14�. It is not in dispute that the age of the deceased mentioned in the postmortem report is 40 years. Hence, appropriate multiplier to be adopted is �15�. Consequently, the sum to which the claimants would be entitled under the head of loss of dependency is as follows:

Rs. 3,000 x 12 x 15 x ⅓ = Rs. 3,60,000-00

[Rs. 3,60,000 - Rs. 2,68,800 = Rs. 91,200-00]

He has also pointed out that the sum awarded under various other heads is also meagre and neither just nor equitable.

A further sum of Rs. 10,000-00 is awarded under the head of loss of love and affection. The sum awarded under the head of loss of consortium is enhanced by a further sum of Rs. 15,000-00. The sum awarded under the head of transportation and funeral charges is enhanced by a sum of Rs. 20,000- 00. In all the claimants are entitled to the enhanced amount of Rs. 1,36,200-00 over and above the sum awarded by the Tribunal. Hence, the appellants/claimants are entitled to the sum originally awarded by the Tribunal 1.e., Rs. 2,93,800-00 along with the enhanced amount of Rs. 1,36,200-00. In all, the appellants/claimants in MFA No. 21656/12 are entitled for total compensation of Rs. 4,30,000-00. The enhanced sum shall carry interest payable at the rate of 6% p.a. form the date of the petition till the date of payment.

In MFA No. 21654/2012: Learned counsel for the respondent/insurer fairly admits that it would be just and reasonable and would meet the ends of justice if the notional income is fixed at Rs. 3,000-00 p.m. Accordingly, the notional income is fixed at Rs. 3,000-00 p.m. Consequently, the sum to which the claimants are entitled under the head of loss of dependency would be entitled is as follows:

Rs. 3,000 x 12 x 12 x ⅓ = Rs. 2,88,000-00

[Rs. 2,88,000 - Rs. 2,30,400 = Rs. 57,600-00]

A further a sum of Rs. 10,000-00 is awarded under the head of loss of love and affection. The sum awarded under the head of loss of consortium is enhanced by a further sum of Rs. 15,000-00. The sum awarded under the transportation and funeral charges is enhanced by a sum of Rs. 20,000-00. The claimant is entitled to the enhanced amount of Rs. 1,02,600-00 over and above the sum awarded by them Tribunal.

Hence, the appellant/claimant is entitled to the sum originally awarded by the Tribunal i.e., Rs. 2,55,400-00 along with the enhanced amount of Rs. 1,02,600-00. In all, the appellants/claimants in MFA No. 21654/12 is entitled for total compensation of Rs. 3,58,000-00. The enhanced sum shall carry interest payable at the rate of 6% p.a. from the date of the petition till the date of payment.

Both the appeals are accordingly disposed of.

Respondent-insurer is directed to deposit the enhanced compensation amount along with interest within six weeks from the date of receipt of copy of this judgment, failing which, the claimants are entitled the interest at the rate of 15% p.a. However, The appellants/claimants are not entitled to any interest for the period of delay.

In view of the above order, there shall be no order as to cost and the parties are directed to bear their respective costs.

Any amount deposited are directed to be transmitted to the Tribunal along with the records.