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Judgment
N.K. Patil, J.—This appeal by the appellants-claimants is arising out of the impugned judgment and award dated 21/04/2011 passed in MVC No. 741/2010, by the Presiding Officer, Fast Track Court-III and Additional Motor Accident Claims Tribunal, Tumkur, (hereinafter referred to as ''Tribunal'' for short), for enhancement of compensation, on the ground that a sum of Rs. 3,42,000/-awarded by the Tribunal under different heads, with interest at 6% per annum against the claim of Rs. 30,00,000/-, on account of the death the deceased Sri. T.L. Raghavendra, 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. T.L. Raghavendra. 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 road traffic accident, contending that, on 21.5.2010 at about 4.15 p.m. while the deceased was proceeding on his two wheeler Pulsar bike from Lakkappa Circle towards Banashankari on Kunigal road, and when he came in front of Kempegowda Bank, at that time, the driver of the Lorry bearing Reg. No. K.A. 35.5587 came in a rash and negligent manner and dashed against his bike from back side. Due to which, deceased fell down and wheels of the lorry ran over on his legs. Immediately, he was shifted to Government Hospital, Tumkur and after first aid, while he was shifting to higher hospital at Bangalore, he died near Kyathasandra.
It is the further case of the appellants that, deceased was aged about 48 years, hale and healthy prior to the accident and earning Rs. 15,000/- per month from milk vending and real estate business. Due to his untimely death, appellant No. 1 has lost her life partner and appellant Nos. 2 and 3 are deprived of the love and affection, guidance and security of their father, apart from mental shock and agony and financial assistance.
The said claim petition had come up for consideration before the Tribunal. The Tribunal, after appreciating the oral and documentary evidence and other material available on file, has allowed the claim petition in part and awarded the compensation of Rs. 3,42,000/- under different heads, with interest at 6% per annum from the date of petition till its payment.
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 the learned counsel appearing for the appellants and learned counsel for Insurer.
Learned counsel for the appellants submitted that, the Tribunal has erred in assessing the income of the deceased at Rs. 3,000/- per month without considering the fact that deceased was aged about 48 years, doing milk vending and real estate business and dependants are his wife and children and his untimely death has affected the family financially. Therefore, he submitted that the income of the deceased may be re-assessed reasonably. Further, he submits that the compensation awarded by the Tribunal towards conventional heads is inadequate and it needs to be enhanced. Therefore, he submitted that the impugned judgment and award is liable to be modified by awarding reasonable compensation towards loss of dependency and towards conventional heads.
As against this, learned counsel appearing 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 appreciation of the oral and documentary evidence available on file and therefore, it does not call for interference.
After hearing the learned counsel for the parties and after perusing the materials available on record, including the impugned judgment and award passed by the Tribunal, the only point that arises for our consideration is:
Whether the compensation awarded by the Tribunal is just and reasonable?
The occurrence of the accident on 21.5.2010 and resultant death of the deceased are not in dispute The dependants are the wife and children of the deceased. It emerges from the judgment that, the Tribunal has assessed the income of the deceased at Rs. 3,000/- per month which is on lower side and it needs to be modified. It is the case of the appellants that, deceased was earning Rs. 15,000/- per month by doing milk vending and real estate business. But they have not produced any documents to prove the same. Having regard to the age and occupation of the deceased and year of the accident, we re-assess his income at Rs. 5,500/-. Out of which, if 1/3rd ( Rs. 1,833/-) is deducted towards his personal expenses since the appellants are three in number his remaining income comes to Rs. 3,667/- per month. Accepting the multiplier of ''13'' adopted by the Tribunal since deceased was aged about 48 years, as just and proper, we re-determine the loss of dependency at Rs. 5,72,052/- ( Rs. 3,667/- x 12 x 13) instead of Rs. 3,12,000/- 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 love and affection, loss of estate and transportation and funeral expenses instead of Rs. 30,000/- awarded by the Tribunal. In all, the appellants are entitled to a total compensation of Rs. 6,17,052/- instead of Rs. 3,42,000/- awarded by the Tribunal. There would be an enhancement of Rs. 2,75,052/- with interest at 6% p.a., from the date of petition till its realization (excluding interest for the delayed period of 206 days in filing the appeal). For the foregoing reasons, the appeal filed by the appellants is allowed in part and the impugned judgment and award dated 21/04/2011 passed in MVC No. 741/2010, by the Presiding Officer, Fast Track Court-III and Additional Motor Accident Claims Tribunal, Tumkur, is hereby modified, awarding ''the compensation of Rs. 2,75,052/- with interest at 6% p.a., from the date of petition till its realization, (excluding interest for the delayed period of 206 days in filing the appeal). in addition to the compensation awarded by the Tribunal.
The 2nd respondent-Insurer is directed to deposit the enhanced compensation of Rs. 2,75,052/- with interest at 6% p.a., from the date of petition till the date of realization (excluding interest for the delayed period of 206 days in filing the appeal)., within a period of three weeks from the date of receipt of a copy of this judgment.
Immediately on such deposit by the 2nd respondent-Insurer, out of the enhanced compensation of Rs. 2,75,052/-, a sum of Rs. 2,00,000/- with proportionate interest shall be invested in Fixed Deposit, in the name of the appellant No. 1, in any Nationalized or Scheduled Bank, 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.
The remaining sum of Rs. 75,052/- with proportionate interest shall be released in favour of the appellant No. 1, immediately.
Draw the award, accordingly.