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Judgment
N.K. Pattl
This appeal is directed against the judgment and award dated 28,1.2008 passed in MVC No. 6075/2005 on the file of the 14TH Addl. Judge, Court of Small causes & Member, Motor Accidents Claims Tribunal, Bangalore (SCCH NO. 10), (hereinafter referred to as ''the Tribunal'' for brevity). The Tribunal by its judgment and award has awarded a sum of Rs. 3,50,000/- with interest at 6% p.a. from the date of petition till the date of deposit. Being aggrieved by the same, the appellants have presented this appeal or the ground that the compensation awarded by the Tribunal is inadequate and requires enhancement. The brief facts of the case are:
Appellant No. 1 claiming to be the wife and appellants 2 and 3, claiming to be the children of the deceased Krishnappa, preferred claim petition on account of untimely death of deceased Krishnappa. it is the case of the appellants that on 18.5.2002 at about 2.00 p.m. when deceased Krishnappa was travelling on a Yamaha Motorcycle bearing Registration No.KA-04 EB-5374 as a pillion rider, the rider of the other motorcycle rode the same in a rash and negligent manner and dashed against the motorcycle of the deceased, due to which Krishnappa suffered grievous injuries and was immediately shifted to Hospital, Inspite of best medical treatment, the deceased succumbed to the injuries. Appellants submit that the deceased was the sole breadwinner of the family and due to his untimely death the family is put to great hardship and 1st appellant lost her husband at a young age and 2nd and 3rd appellants lost their love & affection of their father and their future has been jeopardised. Hence they filed a claim petition seeking compensation. The Tribunal after assessing oral and documentary evidence and other relevant material on file, taking into consideration the age and status of the deceased and source of income, allowed the claim petition in part awarding Rs. 3,50,000/- with 6% interest from the date of petition till the date of deposit. Not being satisfied with the quantum of compensation,the appellants are before this court seeking enhancement.
Heard the learned counsel appearing for the appellants and the learned counsel for the second respondent-Insurance Company for considerable length of time.
After careful perusal of the judgment and award and after evaluation of the original records available on tile, what emerges is that the deceased was aged about 40 years as on the date of death and was working in Escorts factory, Yelahanka, earning Rs. 3,000/- p.m. out of which 1/3rd is to be deducted towards his personal expenses. Accordingly, the net amount comes to Rs. 2,000/- p.m. and in the light of the Ape;: Court judgment in SARLA VERMA''s case, the proper multiplier applicable would be ''15. Accordingly, the appellants are entitled to Rs.3,60,000/- (`2.000/- x 12 x 15) towards "loss of dependency" as against Rs. 3,12,000/- awarded by the Tribunal. Further to meet the ends of justice, I award Rs. 45,000/- towards loss of consortium, transportation and funeral expenses, loss of love and affection and loss of estate. The compensation of Rs. 6,000/- towards medical expenses awarded by the Tribunal towards does not call for interference. Accordingly, the appellants are entitled to total compensation of Rs. 4,11,000/- as against Rs. 3,50,000/-.
Accordingly, the appeal filed by the appellants is allowed in part. The judgment and award dated 28.1.200 a passed by the Tribunal in MVC No. 6075/2005 is hereby modified by awarding total compensation of Rs. 4,11,000/- as against Rs. 3,50,000/- with interest at 6% p.a. from the date of petition till the date of realisation. There would enhancement of compensation of `61,000/- with interest at 6%.
The second respondent-Insurance Company is directed to deposit the enhanced compensation with interest within three weeks from the date of receipt of copy of this judgment and award. The enhanced compensation of Rs. 61,000/- with interest is directed to be released in favour of the first appellant forthwith on deposit of the amount by the 2nd respondent-Insurance Company.
Office is directed to draw the award accordingly.