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Judgment
B. Sreenivase Gowda, J.—This appeal is by the Government challenging the quantum of compensation awarded by the Tribunal.
Heard. The appeal is admitted and with the consent of learned Counsel appearing for the parties it is taken up for final disposal.
For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.
Brief facts of the case are:
That on 08.01.2005 when deceased Imran Khan was riding Hero Honda bearing registration No. CAQ 6040 on Mysore-Bangalore road, Ramanagara Taluk a Police Jeep bearing No. KA-01 G-347 came in a rash and negligent manner and dashed against the two wheeler. As a result deceased Imran Khan died on the spot. Hence his wife, children and parents filed a claim petition before MACT, Bangalore seeking compensation of Rs. 24,00.000/-. The Tribunal by impugned judgment, and award has awarded Rs. 4,17.500/- with interest at 7% p.a. from the date of claim petition till the date of realisation. Aggrieved by the quantum of compensation awarded by the Tribunal the owner and the insurer of the offending vehicle have preferred this appeal seeking reduction of compensation.
As there is no dispute regarding death of deceased Imran Khan in a road traffic accident and liability of appellant-insurer of the offending vehicle, the only point remains for my consideration in the appeal is:
Whether the quantum of compensation awarded by the Tribunal is just and proper or does it call for reduction?
Deceased Imran Khan was aged about 23 years at the time of his death in the accident, as evident from post mortem report Ex. P 2. Claimants who are his wife, children and parents in support of their contention that the deceased was doing Gujri business and earning Rs. 3,000/- p.m. have examined the 1st claimant as PW 1. Considering the year of accident, age of the deceased and nature of his business Rs. 3,000/-assessed by the Tribunal as income of the deceased is just and proper. The claim petition was filed u/s 163A of the Motor Vehicles Act. Hence the compensation is to be awarded as per Schedule II of MV Act, according to which it works out to Rs. 6.38,000/-out of which 1/3rd is to be deducted towards personal expenses of the deceased. Accordingly loss of dependency works out to Rs. 4.32.000/-. To which a sum of Rs. 5.000/- towards loss of consortium. Rs. 2.000/- towards funeral expenses and Rs. 2,500/-towards loss of estate are to be awarded.
Thus the claimants are entitled for the following compensation:
i) Loss of dependency Rs. 4,32,000/- ii) loss of consortium Rs. 5,000/- iii) loss of estate Rs. 2,500/- iv) funeral expenses Rs. 2,000/- Total Rs. 4,41,500/-
As the quantum of compensation awarded by the Tribunal is less than the just entitlement and there is no scope for reduction of compensation.
Learned Counsel appearing for the claimants fairly submits interest may be awarded at 6% p.a. as against 7% p.a. awarded by the Tribunal.
Accordingly the appeal is allowed in part and the judgment and award of the Tribunal is modified only in so far awarding of interest and interest is awarded at 6% p.a. as against 7% p.a. awarded by the Tribunal. In all other respects the award of the Tribunal is undisturbed.
The amount in deposit is ordered to be transferred to the Tribunal for disbursement in terms of the award of the Tribunal.
No order as to cost.