(Prayer: This MFA is filed U/S 173(1) of MV Act against the Judgment and Award dated: 13/11/2012 passed in MVC No. 17/2012 on the file of the Senior Civil Judge and Motor Accident Claims Tribunal, Challakere, partly allowing the claim petition for compensation and seeking enhancement of compensation.)
1. Though this appeal is posted for orders, with the consent of the learned counsel appearing for both the parties, the same is taken up for final disposal.
2. This appeal by the claimants is directed against the judgment and award dated 13th November 2012, passed in MVC No. 17/2012, by the Senior Civil Judge and Motor Accident Claims Tribunal, Challakere, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs.3,50,500/- awarded in favour of the claimants as against their claim for Rs.25,00,000/-, is inadequate.
3. The facts in brief are that, the claimants are the wife, children and mother of the deceased Basavaraj. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 1:30 P.M, on 12-12-2011, when the deceased Basavaraj and his relative Palaksha were moving in the Motor Cycle, bearing Registration No.KA-16 /V-8224, in which the deceased was a pillion rider, from Challakere to Dodderi village, he met with an accident, on account of rash and negligent riding by the rider of the said vehicle. Due to the impact, the deceased sustained severe head injury and other bodily injuries all over the body. Immediately, the deceased was shifted to Challakere Government Hospital and thereafter referred to Chitradurga Government Hospital and again shifted to Davanagere. But, unfortunately, due to the gravity of the injuries sustained, the deceased succumbed to the same on 20-12-2011 at C.G. Hospital, Davangere.
4. It is the case of the appellants that, the deceased was aged about 50 years and doing coolie work, earning a sum of Rs.9,000/- per month and hale and healthy prior to the accident. On account of the untimely death of the deceased, the appellants have lost the love and affection, inspiration and guidance, apart from social, financial and moral support and therefore, they have to be compensated reasonably.
5. On account of the death of the deceased the appellants filed the claim petition before the Tribunal, seeking compensation against the respondents. The said claim petition had come up for consideration before the Tribunal on 13th November, 2012. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs.3,50,500/- under different heads, with 6% interest per annum, from the date of petition till the date of payment. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellants are in appeal before this Court, seeking enhancement of compensation.
6. We have gone through the grounds urged in the memorandum of appeal and heard the learned counsel appearing for appellants and also the Insurer, for quite some time.
7. Learned counsel appearing for claimants/appellants vehemently submitted that, the Tribunal grossly erred in taking the income of the deceased at only Rs.3,000/- per month. He submits that the claimants have stated that the deceased was aged about 50 years and earning a sum of Rs.9,000/- per month by doing coolie work. But, disbelieving the same, the Tribunal, without any basis has assessed the income of the deceased at only Rs.3,000/- per month. The same is liable to be re-assessed. Therefore, he submitted that, reasonable compensation may be awarded, by adopting proper multiplier of '13'. Further, he vehemently submitted that the Tribunal erred in deducting 1 / 3rd towards personal expenses of the deceased instead of 1/4th towards the personal expenses of the deceased, as the claimants are five in number. He also submitted that the compensation awarded by Tribunal towards conventional heads is also on the lower side and liable to be enhanced reasonably, in the light of the latest decisions of the Hon'ble Apex Court and this Court in catena of decisions.
8. Further, learned counsel appearing for claimants vehemently submitted that the rate of interest awarded by Tribunal at only 6% p.a. is also on the lower side as the accident has occurred on 12-12-2011. In view of the ratio of law laid down by the Hon'ble Apex Court and this Court in catena of decisions, at least 8% to j0% interest may be awarded in the instant case, to meet the ends of justice and the impugned judgment and award be modified accordingly.
9. As against this, learned counsel appearing for Insurer vehemently submitted that the compensation awarded by Tribunal is after due appreciation of the oral and documentary evidence available on file and therefore interference in the same is uncalled for.â
However, after going through the entire material available on file and also considering the year of accident, he fairly submitted that the income of the deceased may be re-assessed at Rs.4,000/- per month as the said avocation was seasonable in the area in which the deceased was put up.
10. After hearing learned counsel for the parties, and after careful perusal of the judgment and award passed by the Tribunal, the only point that arise for our consideration in this appeal is,
Whether the quantum of compensation awarded by Tribunal is just and reasonable?
The undisputed facts of the case are the occurrence of accident and the resultant death of the deceased. It is also not in dispute that the deceased was aged about 50 years and doing coolie work. It is stated that he was earning ^9,000/- per month. But, to substantiate the same, the appellants have not produced any credible documentary evidence. But, it can be seen that the Tribunal is also not justified in assessing the income of the deceased at only Rs.3,000/- per month. The same is on the lower side and needs to be re-assessed. The accident is of the year 2011 and the deceased was aged about 50 years doing coolie work and must have had rich experience. Therefore, having regard to the age, avocation and also the year of accident, we re-assess the income of the deceased at Rs.6,000/- per month, to meet the ends of justice. Further, the Tribunal has erred in deducting 1 / 3rd towards the personal expenses of deceased instead of l/4th. Since the claimants are five in number, we have to deduct l/4th towards the personal expenses of the deceased, as rightly pointed out by learned counsel appearing for claimants. Accordingly, If l/4th (i.e. Rs.1,500/-) is deducted from Rs.6,000/- towards his personal expenses, the net income would be Rs.4,500/- per month. Further, it is stated that the deceased was aged about 50 years as on the date of accident. Therefore, for the said age, the proper multiplier applicable is '13' as per the decision of the Hon'ble Apex Court Sarla Verma's case (2009 AC J 1298) as rightly adopted by Tribunal. Thus, the compensation towards loss of dependency would work out to Rs.7,02,000/- (i.e. Rs.4,500/- x 12 x'13') as against Rs.3,12,000/- awarded by Tribunal.
11. However, so far as the compensation awarded towards conventional heads is concerned, having regard to the facts and circumstances of the case and also considering the fact that the wife was aged only 35 years and three minor children were aged about 17 years, 14 years and 10 years and the mother was a senior citizen, aged about 65 years at the time of accident, we are of the view that the compensation awarded towards conventional heads is on the lower side and liable to be enhanced.â
12. Further, so far as loss of consortium is concerned, the same is liable to be enhanced. In view of the law laid down by the Hon'ble Apex Court in the case of Rajesh and others Vs, Rajbir Singh and others, reported in 2013 ACJ 1403 (Paragraph 20), wherein it is held that consortium is the right of spouse to the company, care, help, comfort, guidance, society, solace, affection and sexual relations with his or her mate and following the judgment of this Court dated 25th June 2014 in M.F.A No, 773 7/2013 (Smt. Padmavathi and others Vs. Sri.K. Ravichandran and another (paragraph 20), we deem it fit and proper to award Rs. 1,00,000/- towards loss of consortium as against the compensation awarded by Tribunal.
Further, we deem it fit to award a sum of Rs.25,000/- towards loss of estate, Rs.50,000/- towards loss of love and affection at the rate of Rs.10,000/- to each claimant and Rs.25,000/- towards transportation and funeral expenses as against the compensation awarded by Tribunal towards the aforesaid heads.â
13. Further, as rightly pointed out by learned counsel appearing for claimants, the rate of interest at 6% per annum awarded by Tribunal is on the lower side, as the accident has occurred on 2-12-2011. Therefore, as per the ratio of law laid down by the Hon'ble Apex Court and this Court in catena of decisions and also considering the facts and circumstances of the case, we deem it fit and proper to award rate of interest at 9% per annum as against 6% per annum, awarded by Tribunal, on the enhanced compensation.
Thus, the total compensation payable to claimants works out to Rs.9,02,000/- as against Rs.3,50,500/- awarded by the Tribunal. There would be enhancement of compensation by a sum of Rs.5,51,500/- with interest at 9% per annum, from the date of petition till the date of realization.
14. In the light of the facts and circumstances of the case, as stated above, the appeal filed by appellants is allowed in part. The impugned judgment and award dated 13th November 2012, passed in MVC No. 17/2012, by the Senior Civil Judge and Motor Accident Claims Tribunal, Challakere, is hereby modified, awarding a sum of Rs.9,02,000/- as against Rs.3,50,500/- awarded by the Tribunal, with interest at 9% per annum on the enhanced sum from the date of petition till the date of realization. Thus, there would be enhancement of compensation by a sum of Rs.5,51,500/- with 9%interest per annum from the date of petition till the date of realization.
The Insurance Company is directed to deposit the enhanced compensation of Rs.5,51,500/-, with interest thereon at 9% per annum, within three weeks from the date of receipt of copy of the judgment.
Immediately on such deposit by the Insurance Company, a sum of Rs.2,00,000/- with proportionate interest shall be invested in the name of first appellant - wife of deceased, in Fixed Deposit, in any scheduled/ Nationalized Bank, for a period of ten years, renewable by ten years, with liberty reserved to her to withdraw the periodical interest.
A sum of Rs.1,00,000/- with proportionate interest shall be invested in the name of second appellant - daughter of deceased, in Fixed Deposit, in any scheduled/ Nationalized Bank, for a period of ten years, renewable by ten years, with liberty reserved to her to withdraw the periodical interest.
A sum of Rs.50,000/- each with proportionate interest shall be invested in the names of the third and fourth appellants - minor children of deceased, in Fixed Deposit, in any scheduled/ Nationalized Bank, till they attain the age of 30 years, with liberty reserved to the mother - appellant No.1 to withdraw the periodical interest till they attain the age of 21 years and thereafter, from 22 years, appellant Nos.3 and 4 are entitled to withdraw the periodical interest till they attain 30 years.
A sum of Rs.50,000/- with proportionate interest shall be invested in the name of the fifth appellant - mother of deceased, in Fixed Deposit, in any scheduled/ Nationalized Bank, for a period of five years, renewable by another three years, with liberty reserved to her to withdraw the periodical interest.
Remaining sum of Rs.1,01,500/- with proportionate interest shall be released in favour of the appellant Nos. 1 and 5, in equal proportion, immediately.
Office to draw award, accordingly.