Venkategowda and Others vs Manju and Others

N.K. Patil, J.

This appeal by the claimants is directed against the impugned judgment and award dated 10th October 2014 passed in M.V.C. No. 482/2013 on the file of the Additional Judge, Small Causes and Senior Civil Judge, Mysore and M.A.C.T. at Mysore (hereinafter referred to as ''Tribunal'' for brevity).

The Tribunal by the impugned judgment and award awarded a compensation of Rs. 3,33,810/- with interest @ 6% per annum from the date of petition till realization, on account of death of son of the appellants viz., Thammegowda in a road traffic accident.

It is the case of the appellants/claimants that, the quantum of compensation awarded by the Tribunal requires enhancement and the interest awarded at 6% per annum is on the lower side, which also requires enhancement.

Briefly stated the facts are:

"On 7.2.2013 at 7.15 p.m. when the deceased was proceeding on his motor cycle on Ring Road in front of Army Quarters, at that time, the driver of the Tipper Lorry came in a rash and negligent manner and dashed against the motor cycle of the deceased, due to which, he sustained fatal injuries. Thereafter he succumbed to the injuries. The appellants herein, who are the parents of the deceased, have filed a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation from the respondents/driver, owner and insurer. It is their case that, the deceased Thammegowda was aged 28 years, hale and healthy prior to the accident and doing agricultural work and also milk vending business and also a sportsman. He had secured State Awards in Wrestling event. He had a very bright future. On account of untimely death of the deceased, the appellants have lost the only earning member in the family; whatever he earned in his profession, he used to spend the same for the welfare of his family. Taking all these facts and circumstances of the case, they filed a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation of Rs. 35,10,000/-. The said claim petition had come up for consideration before the Tribunal. The Tribunal after appreciating the oral and documentary evidence and other material available on record awarded a compensation of Rs. 3,33,810/- with interest @ 6% per annum, fixing contributory negligence on the part of the deceased at 10% and 90% on the part of the driver of the Tipper Lorry."

Not being satisfied with the compensation awarded by the Tribunal, the appellants felt necessitated to present this appeal seeking enhancement of compensation.

The submission of the learned counsel appearing for the appellants, Sri. D.C. Srinivasa at the outset is that, the Tribunal has erred in not assessing the reasonable income of the deceased. He was aged 28 years, hale and healthy, doing milk vending business and was a committed person. He had also participated in sports event in Wrestling and was a State Level Champion in Wrestling. The accident has occurred on 7.2.2013. Taking this aspect of the matter into consideration, the income of the deceased should have been taken reasonably. However, taking the age of the younger parent of the deceased, the Tribunal has awarded meager compensation, which is liable to be modified.

Further he submitted that the Tribunal has erred in fixing 10% of contributory negligence on the part of the deceased and the same is liable to be set aside.

Further he pointed out that the Tribunal has erred in not awarding reasonable interest and same should be at the rate of 9% to 10% in the light of the catena of decisions rendered by the Apex Court and this Court and hence, same may be modified.

As against this, learned Counsel appearing for respondent No. 3/insurer Sri. A. Ravishankar contended and substantiated that after careful consideration of the oral and documentary evidence and having regard to the avocation of the deceased, the Tribunal is justified in awarding reasonable compensation under all heads and interference by this Court is not called for.

After careful consideration of the submission made by the learned Counsel appearing for both the parties and on perusal of the material available on record, including the impugned judgment and award passed by the Tribunal, it emerges that the deceased died in the road traffic accident on account of fatal injuries sustained by him. Further it is not in dispute that, the vehicle was insured with insurer. The deceased was aged 28 years, an agriculturist and also doing milk vending business and had also participated in State Level Sports in Wrestling and was a Champion. Taking all these aspects into consideration, the reasonable income of the deceased is assessed at Rs. 8,000/- per month If 50% of the same is deducted towards his personal expenses, the income would come to Rs. 4,000/- per month. If the age of the younger parent is taken as 60 years, the proper multiplier would be ''9''. Accordingly, the compensation towards ''loss of dependency'' would come to Rs. 4,32,000/- (Rs. 4,000/- x 12 x 9).

As regards compensation awarded towards loss of love and affection, we deem it proper to award Rs. 25,000/- to each parent (Rs. 50,000/-) We deem it proper to enhance the compensation awarded towards loss of estate to Rs. 25,000/-. Further, the compensation of Rs. 25,000/- awarded towards funeral expenses does not call for interference.

Further, the Tribunal is justified in holding contributory negligence on the part of the deceased at 10% and the same does not call for interference.

Further, as rightly pointed out by the learned Counsel for the appellants, the Tribunal has erred in awarding interest @ 6% per annum, since the accident had occurred on 7.2.2013. In the light of the decision of the Apex Court in catena of judgments, we deem it proper to award 9% interest per annum from the date of petition till realization on the entire compensation.

Out of total compensation of Rs. 5,32,000/-, if 10% towards contributory negligence is deducted, the compensation would come to Rs. 4,78,800/- as against Rs. 3,33,810/- and there will be an enhancement of Rs. 1,44,990/- with interest @ 9% per annum from the date of petition till realization, on the entire compensation.

For the foregoing reasons, the instant appeal filed by the appellants is allowed in part.

The judgment and award dated 10th October 2014 passed in M.V.C. No. 482/2013 on the file of the Additional Judge, Small Causes and Senior Civil Judge, Mysore and M.A.C.T. at Mysore, is hereby modified.

The appellants are entitled for enhanced compensation of Rs. 1,44,990/- with interest @ 9% per annum from the date of petition till realization, on the entire compensation.

The third respondent/insurer is directed to deposit the enhanced compensation amount along with interest at 9% p.a. from the date of petition till the date of realization, within 3 weeks from the date of receipt of the copy of this judgment and award.

Out of the enhanced compensation of Rs. 1,44,990/-, Rs. 50,000/- each with proportionate interest shall be invested in the names of the appellants in Fixed Deposit in any Nationalized/Scheduled/Grameena Bank for a period of five years and renewable for another five years, with liberty to them to withdraw the interest accrued on it, periodically.

Remaining Rs. 44,990/- with proportionate interest shall be released in favour of the appellants, in equal proportion on deposit made by the third respondent.

Office to draw the award, accordingly.