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Judgment
N.K. Patil, J.—This appeal by the claimants is directed against. the impugned judgment and award dated 16th April 2007, passed in M.V.C. No. 1060/2006, by the District Judge, Fast Track Court-I and Motor Accident Claims Tribunal, Shimoga, (for short, ''Tribunal'') for enhancement of compensation on the ground that, the compensation of Rs. 3,26.000/- awarded in favour of the claimants as against their claim for Rs. 8.15.000/-, is inadequate.
The facts in brief are that, the claimants -Appellants herein are none other than the parents of the deceased Late K.S. Nagaraj. They filed the claim petition initially u/s 166 of the Motor Vehicles Act and thereafter, the same was amended to Section 163-A of the Motor Vehicles Act. They contended that, at about 16:45 hours, on 13-04-2000, when the deceased K.S. Nagaraj was proceeding on his Motor Bike near F.T.I. Circle, Nandini Layout, Bangalore, he met with an accident on account of rash and negligent driving by the driver of Lorry bearing Registration No.KA-04/A-2083 and due to the impact, deceased sustained grievous injuries and succumbed to the same.
It is the case of the Appellants that, the deceased was aged about 22 years and working in the Shop of one Ram Babu at APMC Yard, Bangalore and earning a sum of Rs. 3,300/- per month and was have and healthy prior to the accident. On account of the untimely death of the deceased, the claimants have lost the hopes and aspirations m life apart from losing social and financial security and they are in great financial distress and therefore, they have to be compensated reasonably.
On account of the death of the deceased, the Appellant filed the claim petition before the Tribunal, seeking compensation of a sum of Rs. 8,15,000/- against the Respondents. The said claim petition had come up for consideration before the Tribunal on 16th April 2007. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim, petition in part, awarding a sum of Rs. 3,26,000/- under different heads, with 6% interest per annum, from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the Appellants are in appeal before this Court, seeking enhancement of compensation.
I have heard learned Counsel for Appellants and learned Counsel for Insurance Company, for considerable length of time.
After hearing learned Counsel for the parties, after careful perusal of the judgment and award passed by the Tribunal and after going through the original records made available, it is seen that the occurrence of accident and the resultant death of the deceased are not in dispute. It is also not in dispute that the deceased was aged about 22 years and working in a shop at APMC Yard at Bangalore. After going through the impugned judgment and award passed by Tribunal, it is seen that the petition is filed u/s 163-A of the Motor Vehicles Act. As per the Second schedule to Section 163-A of the Motor Vehicles Act, for the age group of 20 to 25 years, with an annual income of Rs. 36.000/- the compensation entitled to by the claimants is Rs. 6,48.000/-. Out of the said sum, 1/3rd is to be deducted towards the personal expenses of the deceased. Accordingly, after deduction, the net loss of dependency would be Rs. 4,32,000/- and it is accordingly awarded as against a sum of Rs. 3,06,000/- awarded by Tribunal.
Further, so far as the compensation towards conventional heads is concerned, the Tribunal is not justified in awarding the same. As per the second schedule to Section 163-A of the Motor Vehicles Act, the claimants are entitled to only a sum of Rs. 2,500/- towards loss of estate and a sum of Rs. 2,000/- towards funeral expenses and accordingly, I award the same.
In the light of the facts and circumstances of the case, as stated above, the appeal filed by Appellants is allowed in part. The impugned judgment and award dated 16th April 2007, passed in M.V.C. No. 1060/2006, by the District Judge. Fast Track Court-I and Motor Accident Claims Tribunal, Shimoga, is hereby modified, awarding a sum of Rs. 4,36,500/- as against Rs. 3,26,000/- awarded by the Tribunal, with interest at 6% per annum on the enhanced sum, from the date of petition till the date of realization. The break-up is as follows:
Towards Loss of Dependency
Rs. 4,32,000/-
Towards Loss of estate/loss of expectancy
Rs. 02,500/-
Towards transportation of dead body and funeral expenses
Rs. 02,000/-
Total
Rs. 4,36,500/-
The third Respondent-Insurance Company is directed to deposit the enhanced compensation of Rs. 1,10,500/-, with interest thereon at 6% per annum, within three weeks from the date of receipt of copy of the judgment and award.
Immediately on such deposit by the Insurance Company, out of the enhanced compensation of Rs. 1,10,500/-, a sum of Rs. 30,000/- each with proportionate interest, shall be invested in Fixed Deposit, in any Nationalized or scheduled Bank, in the names of Appellants 1 and 2 parents of the deceased, for a period of five years, renewable for another five years, with liberty reserved to them to withdraw the interest periodically.
The remaining sum of Rs. 50,500/- with proportionate interest shall be released in favour of the Appellants 1 and 2, in equal proportion, immediately.
Office to draw award, accordingly.