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Judgment
B. Sreenivase Gowda
This appeal is by the insurer of offending vehicle challenging quantum of compensation awarded by the Tribunal as excessive and seeking reduction of the same. For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.
As there is no dispute regarding death of deceased Motamma in a road traffic accident occurred on 19.05.2009 due to rash and negligent driving of Travera Motor Cab bearing registration No. KA 14/A.2761 by its driver and liability of the insurer of the said vehicle, the only point that remains for my consideration in the appeal is:
Whether quantum of compensation awarded by the Tribunal is just and proper or does it call for reduction?
Learned Counsel for the appellant submits that deceased was aged about 92 years at the time of her death in the accident and no income could be taken for her age. Therefore no compensation could be awarded towards loss of dependency. He submits some amount could be awarded towards loss of estate and other conventional heads and hence he prays for allowing the appeal by reducing compensation awarded by the Tribunal.
Per contra, learned Counsel for the claimant submits that deceased was working as a maid servant and earning Rs.3,000/- per month. Alternatively he submits that as per the latest judgment of the Apex Court in a similar case the Apex Court has held even considering the claimant is not a dependent L.R. 50% of the income of the deceased could be deducted towards personal expenses of the deceased and remaining 50% could be taken as her contribution to family and loss of dependency is to be worked out accordingly and to award reasonable amount towards other conventional heads and hence there is no scope for reduction of compensation awarded by the Tribunal and he prays for dismissal of the appeal.
The age of the claimant was mentioned as 63 in the claim petition. The deceased was 96 years old at the time of her death in the accident as per post mortem report Ex. P 7. Even otherwise considering the age of the claimant which is shown as 63 years in the cause title of the claim petition deceased must have been in the age group of 90 years and for her age, notional income could be assessed at Rs. 15,000/- per annum. Multiplier applicable to the age group of the persons who are more than 65 years is 5. If so, loss of dependency works out to Rs.37,500/- (Rs. 15,000/- x 1/2 x 15) and it is awarded.
The claimant has produced medical bills for Rs. 12,000/-. Deceased was treated as inpatient in a private hospital for about 10 days. Considering the same Rs.20,000/- is awarded towards medical and incidental expenses.
Rs.25,000/- is awarded under other conventional heads.
The claimant is entitled for a total compensation of Rs. 82,500/- as against Rs. 1,50,000/- awarded by the Tribunal.
Accordingly the appeal is allowed in part and the judgment and award of the Tribunal is modified reducing the compensation from Rs. 1,50,000/- to Rs.82,500/- The Insurance Company is directed to deposit the balance of compensation amount after deducting the amount if any already deposited together with interest within two months from the date of receipt of a copy of this judgment and the same is ordered to be released in favour of the claimant in terms of the award of the Tribunal.
Amount in deposit is ordered to be transferred to the Tribunal for disbursement.
No order as to costs.