Tahira and Others vs C.P. Sunny and Others

N.K. Patil, J.—This appeal is filed by the claimants, being aggrieved by the impugned Judgment and Award dated 8th September 2010 passed in M.V.C. No. 32/2009 on the file of the learned Civil Judge and M.A.C.T., Virajpet. The Tribunal by the impugned Judgment and Award, awarded a sum of Rs. 4,57,000/- with interest at 6% p.a. from the date of petition till realization on account of the death of deceased Azeez.

The brief facts of the case of the claimants/appellants are that, the appellant No. 1 is the wife, appellant Nos. 2, 3 and 4 are the minor children and appellant No. 5 is the mother of the deceased. They have filed a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation of Rs. 54,16,800/- on account of untimely death of deceased Azeez in a road traffic accident that occurred on 04.01.2009 at 3.00 p.m. contending that the deceased was performing his duty in Eicher vehicle bearing Regn. No. KL-11/V-1879. In the said vehicle he was proceeding towards Saragur from Sulthanbatheri and when the vehicle reached near Yadiyala, Saragur Road, Parvathipura, the driver of the said vehicle drove the same in a rash and negligent manner and dashed against the branch of standing tree. Due to the impact the deceased fell down from the vehicle and sustained grievous injuries. Immediately he has been shifted to the Hospital, where he was declared dead on account of the injuries sustained in the road traffic accident. Further, he has contended that the deceased was the only earning member in the family and dependents are wife, 3 minor children and mother of deceased. On account of untimely death of the deceased Azeez they are suffering from mental distress and no one is there to look after them.

The said matter had come up for consideration before the Tribunal. The Tribunal in turn after evaluation of the oral and documentary evidence and the materials on record has awarded a sum of Rs. 4,57,000/- under different heads with interest at 6% p.a. from the date of petition till the date of realization. Being aggrieved by the impugned Judgment and Award passed by the Tribunal, the appellants herein have presented this appeal seeking enhancement of compensation.

It is the case of the appellants that the Tribunal has erred in not taking the income of the deceased at Rs. 7,500/- per month as the deceased was working as Cleaner under the 2nd respondent''s vehicle and he was looking after his entire family with utmost care and caution. Due to untimely death of deceased in the road traffic accident, there is financial distress. The Tribunal is also not justified in awarding reasonable compensation under the conventional heads and the same is inadequate and therefore requires modification of the impugned Judgment and Award passed by the Tribunal.

As against this, the learned Counsel appearing for the 3rd respondent - insurer inter-alia contended and sought to substantiate the impugned Judgment and award passed by the Tribunal stating that the same is passed after due consideration of entire material available on file and awarded just and reasonable compensation and hence, the same does not call for interference by this Court.

After careful consideration of the submissions of both the parties, the only point that arise for consideration is:

"Whether the quantum of compensation awarded by the Tribunal is just and reasonable"? 7. The occurrence of accident and the resultant death of deceased in the road traffic accident is not in dispute. The fact that the deceased was aged about 38 years and working as Cleaner in lorry is also not in dispute. The appellant Nos. 2 to 4 are minor children and appellant No. 5 is the mother of the deceased, which is also not in dispute. The accident occurred on 04.01.2009 and having regard to the avocation, dependents who are wife aged about 28 years, minor children aged about 3 years, 5 years and 8 years respectively and mother aged about 58 years. Therefore, we safely taken the income of the deceased at Rs. 5,500/- per month to meet the ends of justice. Out of this, if 1/4th is deducted towards his personal expenses it comes to Rs. 4,125/-. The deceased was aged about 43 years and the multiplier applicable is 16. Accordingly, we re-determine the loss of dependency at Rs. 7,92,000/- (Rs. 4125/- x 12 x 16) towards loss of dependency and accordingly it is awarded.

The Tribunal further erred in not awarding compensation towards conventional heads. The wife of the deceased was aged about 28 years at the time of accident and she has lost her beloved husband at young age and lost the inspiration, guidance and mother has lost her beloved son and she could not see the bright future of her son.

Taking all these facts into consideration, we deem it fit to award a sum of Rs. 50,000/- towards loss of consortium, Rs. 50,000/- towards loss of love and affection, Rs. 25,000/- towards loss of estate and Rs. 20,000/- towards funeral expenses. Total entitlement comes to Rs. 9,37,000/- as against Rs. 4,57,000/-. There is enhancement of Rs. 4,80,000/- with interest at 6%p.a.

Having regard to the facts referred above, the instant appeal filed by the appellants is allowed in part. The impugned Judgment and Award passed by the Tribunal dated 8th September 2010 in M.V.C. No. 32/2009 on the file of the learned Civil Judge (Sr. Dvn.) and M.A.C.T., Virajpet is hereby modified awarding Rs. 4,80,000/- with interest at 6% p.a. from the date of petition till realization of the amount.

The 3rd respondent - Insurer herein is directed to deposit the enhanced amount with interest within a period of three weeks from the date of receipt of copy of this judgment and award excluding interest for 752 days.

Out of the enhanced compensation of Rs. 4,80,000/-, Rs. 1,00,000/- with proportionate interest shall be invested in Fixed Deposit in the name of the 1st appellant - wife of the deceased in any Nationalized or Scheduled Bank or Grameena Bank, for a period of ten years and renewable for another ten years and she is entitled to withdraw the periodical interest accrued on it.

A sum of Rs. 75,000/- each with proportionate interest shall be invested in Fixed Deposit in the name of appellant Nos. 2, 3 and 4 in any Nationalized or Scheduled Bank or Grameena Bank till they attain the age of 30 years. The appellant No. 1 - mother of the minor children is entitled to withdraw the periodical interest accrued on it for the welfare of the appellant Nos. 2, 3 and 4 till they attain the age of 21 years. From 22 years to 30 years, the appellants 2, 3 and 4 are entitled to withdraw their respective periodical interest.

Rs.50,000/- with proportionate interest shall be invested in Fixed Deposit in the name of the 5th appellant -mother of the deceased in any Nationalized or Scheduled Bank or Grameena Bank, for a period of five years and renewable for another five years and she is entitled to withdraw the periodical interest accrued on it.

The remaining Rs. 1,05,000/- with proportionate interest shall be released in favour of the appellant Nos. 1 and 5, in equal proportion immediately, on deposit by the 3rd respondent - Insurer.

Draw the award, accordingly.