Kumari Revathi.S.Kumar. D/O. Late M.N. Sampath Kumar, Vs. the Manager, the Oriental Insurance Co. Ltd. - Court Judgment

Excerpt:
[k.s.kempanna j.] this mfa is hied u/s. 173(1) of mv act against the judgment and award dated: 04/04/2005 passed in mvc no. 2/2001 on the file of the 18,h addl. judge, mact-iv. court of small causes, bangalore (scch-4), partly allowing the claim petition for compensation and seeking enhancement of compensation.:1. this appeal by the appellants is directed against the impugned common judgment and award dated 04/04/2005 passed in mvc no.2/2001 by the 18th additional judge, court of small causes and motor accidents claims tribunal- iv, bangalore (scch-4). (hereinafter referred to as ' tribunal' for short),2. the tribunal by its judgment and award has awarded a sum of 3.75,000/- under different heads with interest at 6% per annum from the date of petition till its deposit, as against the claim of the appellants for a sum of ?30.00,000/-, on account of the death of the deceased m.n.sampath kumar, in the road traffic accident.3. the occurrence of the accident and the death of the deceased sri. m.n. sampath kumar in the accident that occurred on 1.11.2000 at about 10.20 p.m., due to the rash and negligent driving by the driver of the lorry bearing no.ka.02.a.3339 near ravigopal petrol bunk, byatarayanapura, bangalore, are not in dispute. the appellant nos. 1 and 2 who are the minor children of the deceased, represented by their guardian, grand-father appellant no.3, father of the deceased have filed a claim petition before the tribunal under section 166 of m.v. act, claiming compensation of 30.00,000/- contending that deceased was aged about 37 years, doing petty business and getting substantial income and looking after the welfare of the family and due to his untimely death they have suffered lot. the said claim petition had come up for consideration before the tribunal. the tribunal after assessing the oral and documentary evidence and other material available on file, has allowed the claim petition in part and awarded the compensation of ?3,75,000/-under different heads with interest at 6% p.a., from the date of petition till its deposit. not being satisfied with the quantum of compensation awarded by the tribunal, appellants have presented this appeal, for enhancement of compensation.4. we have heard the learned counsel appearing for the appellants and learned counsel for first respondent- insurer.5. after careful perusal of the material available on record at threadbare, including the impugned judgment and award passed by the tribunal, we do not find any error of law or material irregularity, as such, committed by the tribunal in awarding compensation of 3,60.000/- towards loss of dependency, assessing the income of the deceased at 3,000/- per month, deducting l/3rd towards his personal and living expenses and by applying multiplier of '15' and a sum of 15,000/-towards conventional heads, in all a sum of 3,75,000/-on account of the death of the deceased in the road traffic accident. the said compensation awarded by the tribunal is just and reasonable and therefore, it does not call for interference. even the appellants have not made out any good grounds to interfere with the impugned judgment and award passed by the tribunal. therefore, we decline to entertain the prayers sought by appellants in this appeal.6. for the foregoing reasons, the appeal filed by office is directed to draw the award, accordingly. sri. y.k. sheshagiri rao, learned counsel is permitted to file vakalath for first respondent within four weeks from today.

Judgment:
:

1. This appeal by the appellants is directed against the impugned common judgment and award dated 04/04/2005 passed in MVC No.2/2001 by the 18th Additional Judge, Court of Small Causes and Motor Accidents Claims Tribunal- IV, Bangalore (SCCH-4). (Hereinafter referred to as ' Tribunal' for short),

2. The Tribunal by its judgment and award has awarded a sum of 3.75,000/- under different heads with interest at 6% per annum from the date of petition till its deposit, as against the claim of the appellants for a sum of ?30.00,000/-, on account of the death of the deceased M.N.Sampath Kumar, in the road traffic accident.

3. The occurrence of the accident and the death of the deceased Sri. M.N. Sampath Kumar in the accident that occurred on 1.11.2000 at about 10.20 p.m., due to the rash and negligent driving by the driver of the Lorry bearing NO.KA.02.A.3339 near Ravigopal Petrol Bunk, Byatarayanapura, Bangalore, are not in dispute. The appellant Nos. 1 and 2 who are the minor children of the deceased, represented by their guardian, grand-father appellant No.3, father of the deceased have filed a claim petition before the Tribunal under section 166 of M.V. Act, claiming compensation of 30.00,000/- contending that deceased was aged about 37 years, doing petty business and getting substantial income and looking after the welfare of the family and due to his untimely death they have suffered lot. The said claim petition had come up for consideration before the Tribunal. The Tribunal after assessing the oral and documentary evidence and other material available on file, has allowed the claim petition in part and awarded the compensation of ?3,75,000/-under different heads With interest at 6% p.a., from the date of petition till its deposit. Not being satisfied with the quantum of compensation awarded by the Tribunal, appellants have presented this appeal, for enhancement of compensation.

4. We have heard the learned counsel appearing for the appellants and learned counsel for first respondent- Insurer.

5. After careful perusal of the material available on record at threadbare, including the impugned judgment and award passed by the Tribunal, we do not find any error of law or material irregularity, as such, committed by the Tribunal in awarding compensation of 3,60.000/- towards loss of dependency, assessing the income of the deceased at 3,000/- per month, deducting l/3rd towards his personal and living expenses and by applying multiplier of '15' and a sum of 15,000/-towards conventional heads, in all a sum of 3,75,000/-on account of the death of the deceased in the road traffic accident. The said compensation awarded by the Tribunal is just and reasonable and therefore, it does not call for interference. Even the appellants have not made out any good grounds to interfere with the impugned judgment and award passed by the Tribunal. Therefore, we decline to entertain the prayers sought by appellants in this appeal.

6. For the foregoing reasons, the appeal filed by Office is directed to draw the award, accordingly. Sri. Y.K. Sheshagiri Rao, learned counsel is permitted to file vakalath for first respondent within four weeks from today.