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Judgment
N.K. Patil, J.—This appeal by the appellants-claimants is arising out of the judgment and award dated 11-02.2.011 passed in MVC. No. 750/2009 by the Senior Civil Judge & Member, MACT-VIII, Badami, (for short Tribunal'') for enhancement of compensation, on the ground that a sum of Rs. 3,90,000/- awarded by the Tribunal under different heads with interest at 6% p.a., from the date of petition till its realization, on account of the death of the deceased Sri. Mahadevappa in the road traffic accident is inadequate. In brief, the facts of the case are:
The appellant No. 1 is the wife, appellant Nos. 2 and 3 are the children of the deceased Sri. Mahadevappa. They filed a claim petition before the Tribunal u/s 166 of M.V. Act claiming compensation against the respondents, on account of the death of the deceased in the accident that occurred on 12.5.2009 at about 5.40 p.m. near Tumbagi cross on Raichur-Belgaum road, when he was returning with paddy bags in a vehicle bearing No. KA.35.968.TR-08-09 due to rash and negligent driving by its driver, the rear wheel was burst and due to which, deceased fell down and sustained grievous injuries. Immediately, he was shifted to government hospital, Ilkal and he succumbed to the injuries.
It is the further case of the appellants that, deceased was aged about 38 years. He was hale and healthy prior to the accident and doing business in puffed rice (Churumuri) and earning Rs. 10,000/- per month and he was the only bread earning member in the family. Due to his untimely death, appellant No. 1 has lost her husband and appellant Nos. 2 and 3 have lost their loving father in their early age and they have suffered financially and mentally and their live have become jeopardized.
The said claim petition had come up for consideration before the Tribunal. The Tribunal, after hearing both sides and after appreciating the oral and documentary evidence, has allowed the said claim petition in part, awarding a sum Rs. 3,90,000/- as compensation under different heads with interest at 6% p.a. from the date of petition till its realization. Being dis-satisfied with the quantum of compensation awarded by the Tribunal, the appellants have presented this appeal, for enhancement of compensation.
We have heard learned counsel appearing for appellants and learned counsel for second respondent-Insurer.
The learned counsel for appellants submitted that, the Tribunal has erred in assessing the income of the deceased at Rs. 3,000/- per month for calculating loss of dependency, which is on lower side and is liable to be enhanced. To substantiate the said submission, he submitted that, deceased was aged about 38 years doing business in selling puffed rice and earning Rs. 10,000/- per month and he was the only earning member in the family and due to his untimely death, there is a financial distress in the family. Further, he submits that the appellants are entitled for another 30% of the income of the deceased towards future prospects in view of the law laid down by the Hon''ble Apex Court in Santhosh Devi''s case. He also submits that, the compensation awarded by the Tribunal towards conventional heads is on lower side and it needs to be enhanced. Therefore, he submitted that the impugned judgment and award passed by the Tribunal is liable to be modified.
As against this,. learned counsel for the Insurer inter-alia, contended and substantiated that the impugned judgment and award passed by the Tribunal is just and proper and after due consideration of the oral and documentary evidence available on file and therefore, it does not call for interference. Further, he submits that, it is not a fit case for adding another 30% of the income of the deceased towards future prospects in view of the law laid down by the Hon''ble Apex Court in Santhosh Devi''s or Reshma Kumari''s case as submitted by the learned counsel for the claimant. However, he submits that the income of the deceased assessed by the Tribunal is on little lower side and the same may be reassessed, in accordance with law.
After hearing the learned counsel for both the parties and after careful perusal of the impugned judgment and award passed by the Tribunal, the only point that arises for our consideration is:
(i) Whether the quantum of compensation awarded by the Tribunal is just and reasonable.?
The occurrence of the accident and the resultant death of the deceased are not in dispute. Further, it is not in dispute that, at the time of the accident, deceased was aged about 38 years and doing business in puffed rice (Churumuri) and he was the only earning member of the family and the policy was in force as on the date of the accident. The dependants are the wife and children of the deceased. Further, it emerges that, the income of the deceased assessed by the Tribunal at Rs. 3,000/- per month is on lower side and is liable to be enhanced. Having regard to his age, avocation and since the accident has occurred in the year 2009, we re-assess his income at Rs. 4,000/- per month instead of Rs. 3,000/- as assessed by the Tribunal. To that, another 30% of the income of the deceased is to be added in view of the judgment of the Hon''ble Apex Court in Santosh Devi Vs. National Insurance Company Ltd. and Others, towards future prospects as rightly submitted by the learned counsel for the claimants. If 30% ( Rs. 1,200/-) is added, the total income of the deceased comes to Rs. 5,200/- ( Rs. 4,000/- + Rs. 1,200/-) per month. Out of which, if 1/3rd ( Rs. 1,733/-) is deducted towards the personal expenses of the deceased, his net income comes to Rs. 3,467/- per month. Since the deceased was aged about 38 years, the appropriate multiplier would be ''15'' as per the decision of the Hon''ble Apex Court in Sarla Verma''s case reported in 2009 ACJ 1298 as rightly adopted by the Tribunal. Therefore, we re-determine the loss of dependency at Rs. 6,24,060/- ( Rs. 3,467/- x 12 x 15) as against Rs. 3,60,000/- awarded by the Tribunal and accordingly, it is awarded.
Having regard to the facts and circumstances of the case, we award a sum of Rs. 45,000/- towards conventional heads, such as, loss of consortium, loss of estate, loss of love and affection and transportation and funeral expenses as against Rs. 20,000/- awarded by Tribunal. In all the appellants are entitled to a total compensation of Rs. 6,69,060/- as against Rs. 3,90,000/- awarded by Tribunal. There would be an enhancement of Rs. 2,79,060/-, with interest at 6% per annum (excluding interest for the delayed period of 279 days in filing the appeal), from the date of petition till the date of realization. For the foregoing reasons, the appeal filed by the appellants is allowed in part.
The impugned judgment and award dated 11.02.2011 passed in MVC. No. 750/2009 by the Senior Civil Judge & Member, MACT-VIII, Badami, is hereby modified, awarding the compensation of Rs. 2,79,060/- with interest at 6% p.a., (excluding interest for the delayed period of 279 days in filing the appeal) from the date of petition till its realization in addition to the compensation awarded by Tribunal.
The second respondent-Insurer is directed to deposit the enhanced compensation of Rs. 2,79,060/- with interest at 6% p.a., (excluding interest for the delayed period of 279 days in filing the appeal) from the date of petition till its realization, within a period of three weeks from the date of receipt of a copy of this judgment.
Immediately on such deposit by the second respondent-Insurer, out of the enhanced compensation of Rs. 2,79,060/-, a sum of Rs. 1,00,000/- with proportionate interest shall be invested in the Fixed Deposit, in any Nationalized or Scheduled Bank, in the name of the appellant No. 1 for a period of ten years and renewable by another ten years with liberty reserved to her to withdraw the interest accrued on it, periodically.
A sum of Rs. 50,000/-, with proportionate interest shall be invested in the Fixed Deposit, in any Nationalized or Scheduled Bank, in the names of each of the appellant Nos. 2 and 3 till they attain 30 years with liberty reserved to the appellant No. 1 to withdraw the interest accrued on it, till they attain 25 years for their welfare and from 26 years to 30 years, they are entitled to withdraw the interest accrued on it, periodically.
The remaining sum of Rs. 79,060/- with proportionate interest shall be released in favour of the appellant No. 1, immediately.
Draw the award, accordingly.