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Judgment
The appeal is filed for seeking enhancement of compensation awarded in M.V.C.No.1687/2015 vide judgment and award dated 25.11.2021 passed by the Principal Senior Civil Judge and CJM and MACT, Mangaluru, D.K. (for short, 'the Tribunal') for the accidental death of one Santhosh @ Kempa.
It is not in dispute that, as a result of the motor vehicle accident which occurred on 21.09.2015, Santhosh @ Kempa, a 24 years old died.
It is not in dispute that the Insurer is liable to pay the compensation as the offending vehicle was insured.
The Tribunal, on assessment of the evidence adduced before it, has come to the conclusion that the driver of the offending vehicle was responsible for the accident which has resulted in the death of Santhosh @ Kempa. The Tribunal has thereafter proceeded to award the following sums as compensation:
| Sl. Amount | |
| Particulars No. | in (Rs.) |
| 1. Loss of dependency 16,20,000 | |
| 2. Funeral expenses 20,000 | |
| Towards loss of love and 3. | 80,000 |
| 3. affection | 80,000 |
| Towards consortium of | |
| 4. petitioner No.1 | 80,000 |
Total 18,00,00
In order to arrive at the loss of dependency, the Tribunal has rightly determined the monthly income, notionally at Rs.10,000/-.
Since the deceased was aged 24 years and was self employed, 40% requires to be added to the monthly income towards future prospects, which would result in the income to be Rs.14,000/- (Rs.10,000/- + 40%).
The Tribunal has rightly deducted 1/4th of the income of the deceased towards his personal and living expenses. Accordingly, the income of the deceased would be Rs.10,500/- (14,000/- - 1/4th).
As the deceased was aged 24 years, a multiplier of '18' would have to be applied.
Consequently, the claimants would be entitled to a sum of Rs.22,68,000/- (10,500 x 12 x 18) towards “loss of dependency”.
The claimants, being the wife, children and parents of the deceased, each would be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.2,42,000/- (48,400 x 5) and they would also be entitled to a sum of Rs.36,300/- under the “conventional heads”.
Thus, the claimants, in modification of the impugned award, would be entitled to the following sums:
| Sl. | Amount |
| Sl. Amount Particulars | |
| Particulars No. | (In Rs.) |
| 1. Loss of Dependency 22,68,000 | |
| 2. Loss of Consortium 2,42,000 | |
| 3. Conventional Heads 36,300 | |
Total 25,46,300
Accordingly, the claimants would be entitled for compensation of Rs.25,46,300/- as against Rs.18,00,000/-along with interest at the rate of 6% per annum from the date of petition till its realization, however, the appellants are not entitled for the interest for the delayed period in filing the appeal.
The Insurance Company is directed to deposit the compensation amount, together with accrued interest, within a period of six weeks from the date of receipt of a certified copy of this judgment.
The apportionment of compensation amount shall be in terms of the award of the Tribunal.
The appeal is accordingly allowed in part.