Judgment:
1. This appeal by the claimant is directed against the impugned judgment and award dated 3rd March 2005, passed in M.V.C.No.69/1999, by the Civil Judge (Sr.Dn) and Additional Motor Accident Claims Tribunal, Bhadravathi. (For short Tribunal' ) for enhancement of compensation on the ground that, the compensation of 767,400/- awarded in favour of the claimant as against her claim for 74,50,000/-, is inadequate.
2. The facts in brief are that, the claimant appellant herein is none other than the single parent of the deceased Late Kum. Rathna. She filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 8:20 A.M. on 21-12-1999. When the deceased Kum. Rathna was travelling in the Tractor-Trailer bearing No.CTS-8636-37, as loader and un-loader of mud in the said tractor-trailer, she met with an accident, on account of rash and negligent driving by the driver of the said Tractor-trailer and she succumbed to the injuries sustained in the said accident.
3. It is the case of the appellant that, the deceased was aged about 18 years, working as loader and un-loader of mud in the Tractor-trailer, getting at least an income of 725/- to 730/- per day or 7900/- per month and she was contributing the entire sum towards the family and on account of her untimely death, she has lost the sole bread winner of the family and also lost social security and hopes and aspirations in life and therefore, she has to be compensated reasonably.
4. On account of the death of the deceased, the appellant filed the claim petit ion before the Tribunal, seeking compensation of a sum of ^04.50 lakhs against the respondents. The said claim petition had come up for consideration before the Tribunal on 3rd March 2005. 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 767,400/- under different heads, with 6% interest per annum, from the date of petition till the date of deposit. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant is in appeal before this Court, seeking enhancement of compensation.
5. We have heard learned counsel for appellant, learned counsel appearing for respondents 1 and 2 and learned counsel for third respondent - Insurer, for considerable length of time.
6. After hearing learned counsel for the parties, after careful perusal of the judgment and award passed by the Tribunal and after going through the original records made available, it is seen that the occurrence of accident and the resultant death of the deceased are not in dispute. The deceased was aged about 18 years and working as loader and un-loader. The monthly income assessed by Tribunal at 7900/- is on the lower side and needs to be re-assessed. Having regard to the facts and circumstances of the case and other relevant material, we re-assess the monthly income of the deceased at 72,000/- per month. Out of which, since the deceased was unmarried, 50% is to be deducted from the said income. If 50% (71,000/-) is deducted towards her personal and living expenses, the net monthly income comes to 71,000/-. Since the deceased was unmarried, the age of the appellant, who is the only parent, at the time of accident, has to be taken. She was aged about 55 years, in such a case; the appropriate multiplier is '11' as per the decision of the Hon'ble Apex Court in Sarla Verma's case (2009 ACJ 1298). Accordingly, we re-determine compensation payable towards loss of dependency at 71,32,000/- (i.e. 71,000/- x 12 x '11') as against 759,400/- awarded Tribunal.
7. Further, the Tribunal also erred in not awarding reasonable compensation under the conventional heads. The deceased has left behind her aged mother, who is left with no social and financial security. Therefore, having regard to the facts and circumstances of the case, we award a sum of 75,000/-towards loss of love and affection; a sum of 75,000/-towards transportation of dead body and funeral expenses; and a sum of 75,000/- towards loss of life expectancy/loss of estate.
8. In the light of the facts and circumstances of the case, as stated above, the appeal filed by the appellant is allowed in part. The impugned judgment and award dated 3rd March 2005, passed in M.V.C.No.69/1999, by the Civil Judge(Sr.Dn) and Additional Motor Accident Claims Tribunal, Bhadravathi, is hereby modified, awarding a sum of 71,47,000/- as against 767,400/- awarded by the Tribunal, with interest at 6% per annum on the enhanced sum from the date of petition till the date of realization. The break-up is as follows:
Towards Loss of Dependency 1,32,000/-
Towards Loss of love and affection 05,000/-
Towards Loss of estate / loss of expectancy 05,000/-
Towards transportation of dead body and funeral expenses 05,000/-
TOTAL 1,47,000/-
The first respondent - owner of the offending,
Vehicle is directed to deposit the enhanced compensation of 779,600/-, with interest thereon at 6% per annum, within four weeks from the date of receipt of copy of the judgment and award.
Immediately on such deposit by the owner of the offending vehicle. 50% of the said amount shall be invested in Fixed Deposit, in any Nationalized or Scheduled Bank, in the name of appellant, for a period of three years, renewable for another three years, with liberty reserved to her to withdraw the interest periodically.
The remaining 50% of the amount deposited shall be released in favour of the appellant, immediately.
Office to draw award, accordingly.