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Judgment
The claimants being not satisfied with the compensation awarded to them by the MACT, Bangalore, in MVC No. 2659/05 dt. 18.1.2007 have preferred this appeal for enhancement. The appellants-1 and 2 are the parents of one Nitin Kumar Agarwal, who died in a road traffic accident occurred on 14.1.2005 at about 1.30 a.m. near Jeevan Sabdgta Trust at Raghuvanhalli village on account of rash and negligent driving of the driver of the lorry bearing No. MYA 2722, which lorry dashed against the car of the deceased bearing regn. No. KA 12/2356. The deceased was doing business in Sanitary taps. He was unmarried and aged about 29 years and earning a sum of Rs. 10,000/- p.m. The Tribunal considering the income of the deceased at Rs. 5,000/- p.m. deducting 50% of his income towards personal expenditure assessed the loss of dependency at Rs. 3,30,000/-. In addition to that a sum of Rs. 20,000/- is awarded under the conventional heads. Thus, in all a sum of Rs. 3,50,000/- has been awarded as compensation. Being not satisfied with the compensation awarded to them the appellants have preferred this appeal for enhancement.
We have heard the counsel for the parties.
According to the appellants counsel the income assessed by the Tribunal of the deceased is on lower side and the compensation award to them requires to be reconsidered by this court. It is also contended that though a sum of Rs. 80,000/- is spent towards the repairs of the car, no compensation has been awarded by the Tribunal.
Mr. Mahesh, supporting the Judgment of the Tribunal requests the court to dismiss the appeal.
Having heard the counsel for the parties, we find that the compensation awarded to the appellants by the Tribunal requires to be enhanced for the following reasons:
Admittedly the deceased was 29 years old was doing business in Sanitary taps. He was maintaining a car of his own. The accident is of the year 2005. In the year 2005 when there was no sufficient income, one could not have maintained a car. In addition to that the documents produced by the claimants would reveal that the deceased was up coming business man. Though the claimants have not proved the income of the deceased at Rs.10,000/- p.m. this court is of the opinion that the income of the deceased could not have been less than Rs. 6,000/- p.m. Considering the nature of his business and that he had purchased a car out of his own income and maintaining the same, therefore, we are inclined to consider the income of the deceased at Rs. 6000/- p.m. and the loss of dependency has to be assessed at Rs. 3000/- p.m., and Rs. 36,000/- p.m. Considering the age of the mother, we have to apply the multiplier of 11. Therefore, loss of dependency is assessed at Rs. 3,96,000/-, In addition to that the claimants are entitled for a further sum of Rs. 30,000/- under the conventional heads.
Thus, in all the appellants are entitled for total compensation of Rs. 4,26,000/-. Out of which, if we deduct Rs. 3,50,000/- awarded by the Tribunal, the appellants are entitled for an enhanced compensation of Rs. 76,000/- with interest at 6% p.a. from the date of petition till the date of payment
On account of the death of their son so far as the amount claimed under the head, repairs to the car is concerned, the appellants have not placed any material to show that the car was repaired and they spent a sum of Rs. 80,000/- as contended by them. In the absence of proper pleadings and evidence this court cannot consider the claim of the appellant in this regard. Accordingly, the said contention is rejected. In the result, the appeal is allowed- in-part. The appellants are entitled for an enhanced compensation of Rs. 76,000/- with interest at 6% p.a. from the date of petition till the date of payment. Out of the enhanced compensation, a sum of Rs. 50,000/- with interest accrued thereon shall be deposited in the name of the 2nd appellant for & period of 5 years and she is entitled to withdraw the periodical interest. Rest of the amount be released to the appellants.