Smt. Shantabai vs Ismail and Others

B. Manohar, J. - Appellant is the claimant, being not satisfied with the quantum of compensation awarded in the judgment and award dated 12-01-2015 passed in MVC No. 3(05/2014 by the II-Addl. Dist. and Sessions Judge at Raichur (hereinafter referred to as �Court below�) has filed this appeal, seeking for enhancement of compensation.

The appellant herein filed a claim petition before the Court below contending that on 05-09-2013 at about 10:30 a.m., the husband of the claimant was proceeding infornt of their house towards outside by walking on extreme side of the road. At the time, a lorry bearing No. AP-21/W-5277 driven by its driver in a rash and negligent manner, initially dashed against the bicycle, thereafter dashed against the husband of the claimant and then it was dashed against the electric pole and also a scooter. Due to that, husband of the claimant has sustained grievous injuries to his head, hands, legs, stomach and other vital parts of the body. However, during the course of treatment, he died at VIMS Hospital, Bellary on 11-09-2013. The claimant claimed that she has spent huge money for treatment and transportation of dead body and funeral expenses. She further claimed that at the time of death, the deceased was aged about 60 years and he was getting monthly pension of Rs. 10,250/-. After retirement, he was working in a private institution and earning Rs. 4,500/- per month. Hence, sought for compensation of Rs. 18,60,000/-.

In pursuance of the notice issued by the Court below, the third respondent-insurance company had entered appearance, filed the written statement and defended the case.

The Court below on appreciating the oral and documentary evidence let in by the parties and taking into consideration the income of the deceased as Rs. 10,250/- p.m., deducting ⅓rd thereof towards his personal expenses and applying multiplier of 7, since he was aged about 61 years, has awarded a sum of Rs. 5,73,972/- towards loss of dependency and a sum of Rs. 45,000/- towards conventional heads. In all, the Court below has awarded a sum of Rs. 6,18,972/- with interest at 6% p.a. as compensation. Since the offending vehicle was covered by the insurance policy, the Court below has directed the third respondent - insurance company to compensate the claimant. Being not satisfied with the quantum of compensation awarded by the Court below, the claimant has filed this appeal.

I have carefully considered the arguments addressed by the advocate appearing for the appellant and perused the judgment and award passed by the Tribunal and oral and documentary evidence adduced by the parties.

The records clearly disclose that the husband of the claimant died in the road traffic accident that occurred on 05-09-2013. He had retired from Government service and getting pension of Rs. 10,250/- p.m. At the time of death, he was aged about 61 years. Though the claimant claimand that after retirement from Government service he was working in a private institution and earning Rs. 4,500/- p.m., no document has been produced to substantiate the same. In view of that, taking into consideration the income of the deceased at Rs. 10,250/- p.m., deducting ⅓rd thereof towards his personal expenses and applying the multiplier of 7, the Tribunal has awarded the total compensation of Rs. 6,18,972/- which is a just and fair compensation. No document has been produced to show that the deceased was working in a private institution after retirement from the Government service. The appellant has not made out a case to interfere with the judgment and award passed by the Court below.

Accordingly, the appeal is dismissed.