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Judgment
The Hon''ble Mr. Justice Ashok B. Hinchigeri
The claimants are in appeal against the judgment and award dated 07.09.2009 passed by the Court of the Motor Accident Claims Tribunal, Bangalore in MVC No. 4568/2008.
The facts of the case in brief are that the Appellants'' son J. Karthigeyan, then 25 years of age, a diploma holder in Mechanical Engineering met with a road traffic accident, on 25.05.2008. After battling for life at the hospitals in Kolar and Bangalore, he succumbed to the injuries on 09.06.2008. The Tribunal granted compensation of 7,55,000/-, the break up of which is as follows:
1.
Loss of dependency:
Rs. 3.60,000/-
2.
Love and affection:
Rs. 15,000/-
3.
Loss of estate:
Rs. 15,000/-
4.
Funeral and Obsequies:
Rs. 10,000/-
5.
Transportation of dead body:
Rs. 5.000/-
6.
Medical expenses:
Rs. 3,50,000/-
Total:
Rs. 7,55,000/-
Sri Gopalakrishna, the Learned Counsel for the Appellants submits that the Appellants'' grievance is over the taking of the deceased''s income as 5,000/- per month. As he was a mechanical engineer, his income ought to have been taken as 10,000/- per month. The Learned Counsel submits that the potentiality and the prospects of the deceased have not been considered by the Tribunal. He also complains of the inadequacy of the amounts awarded under the conventional heads.
The Learned Counsel for the Respondent No. 2 prays for dismissal of the appeal.
I have browsed through the LCRs. The Appellants have lost their young son. Each one of them is entitled to a sum of 10,000/- towards the loss of filial love and affection. The amounts are therefore raised from 15,000/- to 20,000/- for both of them jointly. The amounts of 15,000/-, 10,000, 5,000/- and 3,50,000/- awarded towards the loss of estate, funeral expenses, transportation of dead body and medical expenses are retained, as they are found satisfactory.
It is not in dispute that the deceased had acquired a diploma in Mechanical Engineering. At the time of the fatal accident, he was with the Government of India Undertaking B.E.M.L., as an Apprentice. He was an young and able bodied man at the time of the accident. His future prospects and potentiality are to be taken into account.
A Division Bench of this Court in the case of Balakrishna N. Shetty and Others Vs. B.K. Ibrahim and Others, , has taken the income of a third year BDS student as Rs. 4,000/- per month. That was in respect of an accident which took place on 08.02.1989. Now that the salaries are whapped up and the economy has opened up, it is realistic to take the income of the deceased as 7,000/- a month. Taking his income as 7,000/- per month and deducting 50% towards his personal expenses, and adopting the multiplier of 13, as has been done by the Tribunal, the amounts towards loss of earning capacity are reworked as follows:
Rs. 7,000 x 12 x 50/100 x 13 = Rs. 5,46,000/-
Now the modified award stands as follows:
1.
Loss of dependency:
Rs. 5,46,000/-
2.
Love and affection :
Rs. 20,000/-
3.
Loss of estate:
Rs. 15,000/-
4.
Funeral and Obsequies:
Rs. 10,000/-
5.
Transportation of dead body:
Rs. 5,000/-
6.
Medical expenses:
Rs. 3,50,000/-
Total:
Rs. 9,46,000/-
It is made clear that the amounts enhanced herein shall also carry interest at the rate of 6% p.a. from the date of institution of the claim petition till the date of payment.
The appeal is accordingly allowed in part. No order as to costs.
The office is directed to draw up the modified award in terms of this judgment.