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Judgment
B. Sreenivase Gowda
This appeal is by the claimants seeking enhancement of compensation awarded by the Tribunal.
Heard. The appeal is admitted and with the consent of the 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.
As there is no dispute regarding death of the deceased Manjunath, a bachelor aged about; 20 years, in a road traffic accident occurred on 13-1-07 due to rash and negligent driving of Corsa car bearing registration No. KA-19-ML-9 by its driver and liability of the insurer of the offending vehicle, the only point that 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 enhancement?
After hearing the Learned Counsel for the parties and perusing the award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and proper, it is on the lower side and therefore it is deserved to be enhanced.
Deceased was a bachelor aged about 20 years at the time of his death in the accident. Claimants, who are his parents, filed a claim petition under Sec. 163-A of Motor Vehicles Act. Considering the age of the deceased as 20 years, year of accident as 2007 and his profession as a cook, his income is assessed at Rs. 40,000/- per annum and l/3rd of his income deducted by the Tribunal towards his personal expenses is in accordance with the latest judgment of the Apex Court and Schedule II of the Motor Vehicles Act. Multiplier of ''13'' has to be applied on the basis of the younger age of the parents, i.e. the mother who is aged about. 48 years. So, loss of dependency works out to Rs. 3,46,667/- (Rs.40,000/- x 2/3 x 13) and it is awarded as against Rs. 2,40,000/- awarded by the Tribunal under this head.
Rs. 2,500/- is awarded towards loss of estate, Rs. 2,000/- is awarded towards funeral and obsequies expenses, and a maximum amount of Rs. 15,000/- is awarded towards medical expenses as against Rs. 30,000/- awarded by the Tribunal as per Schedule II of the Motor Vehicles Act.
Thus claimants are entitled for the following compensation:
1) Loss of dependency
Rs. 3,46,667/-
2) Medical expenses
Rs. 15,000/-
3) Loss of estate
Rs. 2,500/-
4) Funeral expenses
Rs. 2,000/-
Rs.3,66,167/-
Accordingly, appeal is allowed in part and judgment and award of the Tribunal is modified to the extent stated herein above. Claimants are entitled for a total compensation of Rs. 3,66,167/- as against Rs,2,73,000/- awarded by the Tribunal with interest at 6% p.a. on the additional compensation of Rs. 93,167/- from the date of claim petition till the date of realisation.
Insurance Company is directed to deposit the additional compensation amount with interest within two months from the date of receipt of a copy of this order, from which Rs. 25,000/- and Rs. 50,000/- with proportionate interest is ordered to be invested in F.D. in any nationalized or scheduled Bank in the name of the claimants 1 and 2 respectively for a period of 6 years with a right of option for them to renew the deposit from time to time and withdraw interest periodically and the remaining amount with proportionate interest is ordered to be released in their favour in equal proportion.