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Judgment
Dr.K. Bhakthavatsala, J.—This is an appeal filed by Insurance Company u/s 173(1) of Motor Vehicles Act, 1988, challenging the Judgment and Award dated 04.09.2012 made in MVC No. 197/2010 on the file of District Judge/MACT at Gadag.
Learned counsel appearing for the appellant submits that the Tribunal erred in taking salary of the deceased at Rs. 8,930/- per month, though the claimants failed to prove the same by examining the employer. She further submits that the Tribunal erred in adding 50% of actual salary towards future prospects and since the deceased has left three dependants, the Tribunal erred in deducting 1/4th instead of 1/3rd towards personal expenses of the deceased. Therefore, she submits that the Tribunal erred in awarding exorbitant compensation of Rs. 19,28,880/- towards loss of dependency.
Learned counsel for respondents/claimants submits that though the employer of the deceased was not examined to prove the salary, he has filed a memo along with appointment letter and terms and conditions of remuneration etc., along with a memo dated 22.01.2014. He submits that there is no merit in the appeal.
The respondents are the claimants before the Tribunal. In other words, the wife and two minor children of the deceased Muthu, filed a claim petition u/s 166 of the Motor Vehicles Act against the owner and insurer of the tractor, claiming compensation in all amounting to Rs. 25,00,000/- towards death of Muthu, who died in the motor accident that occurred on 16.03.2010 due to rash and negligent driving of the tractor by its driver. The claimants have not stated anything about the parents of the deceased. In support of the case of the claimants, wife of the deceased got herself examined as P.W. 1 and got marked ten documents. Admittedly, the claimants have not examined the employer of the deceased to prove that the deceased was working as Junior Executive (Production Department) in the organization called M/s. Vijayanand Printers Ltd., V.V. Puram, Bangalore-4 and drawing monthly salary of Rs. 10,000/-. In this appeal, the claimants have produced appointment letter issued by Vijayanand Printers Limited in favour of the deceased called Muttanna S. Rakkasagi. Under such circumstances, it would meet the ends of justice if the impugned Judgment and Award are set aside and the matter is remitted to the Tribunal with liberty to the claimants to make necessary application and implead if the parents of the deceased were to be alive and also to produce additional documents and evidence in support of their case and afford an opportunity to the Insurance Company to cross-examine the witnesses the witnesses and dispose off the same, afresh, in accordance with law.
It is submitted that in pursuance of the conditional stay Order made in this appeal, the appellant/Insurance Company has deposited 50% of the award amount. The statutory amount of Rs. 25,000/- and Rs. 9,80,125/- deposited by the Insurance Company on 20.02.2013 have been kept in fixed deposit on 04.01.2013 and 25.03.2013 respectively, with State Bank of Mysore, High Court Branch, at Dharwad.
Keeping in view that the respondents are widow and minor children, it would meet the ends of justice if 25% of the amount in deposit is released in favour of the wife of the deceased and the remaining amount shall be kept in fixed deposit pending disposal of the claim petition.
In view of the above, we pass the following Order:
Appeal is allowed and the impugned Judgment and Award made in MVC No. 197/2010 on the file of District Judge/MACT at Gadag, are set aside. The matter is remitted to the Tribunal for fresh disposal, in accordance with law and in the light of the observations made above. No costs.
Registry is directed to transmit the amount in deposit to the Tribunal for disbursement as above. Registry, is directed to transmit the memo dated 22.01.2014 filed in this case along with the document appointment letter to the Tribunal by keeping xerox copy of the same. Return the LCR to the Tribunal.
For the purpose of convenience, the parties are directed to appear before the Tribunal on 30th June 2014, for further proceedings without notice.