SMT CHIKKAMMA v. MUNIRAJU

APPELLANT NOS.3 TO 6 ARE MINORS REP BY NATURAL GUARDIAN MOTHER SMT.CHIKKAMMA APPELLANT NO.1 HEREIN 2 APPELLANT NOS.1 TO 7 ARE PERMANENTLY RESIDING AT BANAGANAHALLI VILLAGE VIRUPAKSHAPURA HOBLI CHANNAPATNA TALUK RAMANAGARA DISTRICT. (BY SRI: L T GOPAL, ADVOCATE) AND:

2. MUNIRAJU S/O GOVINDAPPA NO.101, HEJJALA VILLAGE & POST BIDADI HOBLI RAMANAGARA TALUK & DISTRICT. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO LTD SHANKARANARAYANA BUILDING NO.25, M.G.ROAD BANGALORE. ...APPELLANTS ...RESPONDENTS (BY SRI: K K MURARI MOUNI, ADVOCATE FOR RESPONDENT NO.1, SRI: JWALA KUMAR, ADVOCATE FOR RESPONDENT NO.2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 14.10.2009 PASSED IN MVC NO.6045/2008 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSE JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BANGALORE (SCCH-15), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING: 3 J U D G M E N T This appeal by the claimants is directed against the judgment and award dated 14th October 2009 passed in MVC No.6045/2008 by the XIII Addl. Judge and Member, MACT, Court of Small Causes, Bangalore (SCCH-15), (for short, ‘the Tribunal’). The Tribunal, by its judgment and award has awarded a sum of Rs.4,83,200/- with interest at 6% per annum from the date of petition till the date of realisation, on account of the death of Chunchaiah in the road traffic accident. The claimants contending that the quantum of compensation is inadequate and it requires enhancement have presented this appeal.

2. The brief facts of the case on hand are that appellant No.1 is the wife and appellant Nos.2 to 6 are the minor children and appellant No.7 is the mother of the deceased. They have filed a claim petition under Section 166 of the Motor Vehicles Act claiming compensation on account of untimely death of the deceased 4 Chunchaiah in the road traffic accident that occurred on 10.2.2008 at about 11.45 a.m. when he was proceeding on a motor cycle bearing registration No.KA-05-EJ-3974 along with his friend on Bangalore-Mysore Road, near Kanakapura Circle, Ramanagara Town, when a Lorry bearing registration No.KA-42-705 driven by its driver in a rash and negligent manner came from Channapatna side towards Bangalore and dashed to the motor cycle of Chunchaiah. It is the case of the claimants that the deceased was aged 51 years at the time of the accident and that he was working as a Conductor in BMTC and earning a sum of Rs.10,000/- per month and that he was hale and healthy prior to the accident and that he was the only source of income to the family and due to his untimely death, the first appellant has lost her husband at a young age and appellant Nos.2 to 6 are deprived of love and affection and guidance of their father and appellant No.7 who wanted to see his progress and bright future, has lost her only son. 5

3. The said matter had come up for consideration before the Tribunal, and the Tribunal, in turn, on careful evaluation of the oral and documentary evidence available on record, allowed the same in part, awarding a sum of Rs.4,83,200/- under different heads with interest at 6% per annum from the date of petition till the date of realisation. Being dissatisfied with the compensation awarded by the Tribunal, the appellants-claimants felt necessitated to present this appeal seeking enhancement of compensation.

4. It is the submission of the learned counsel for the claimants that the Tribunal has erred in deducting 2/3rd instead of 1/5th of the income of the deceased towards his personal expenses, as the dependents are seven in number and the appropriate multiplier applicable is ‘11’ since the deceased was aged 51 years as on the date of the accident, in view of the decision of the Apex Court in SARLA VERMA’s case (2009 ACJ 6 1298). Therefore, the loss of dependency has to be re-determined considering this aspect of the matter. He also submits that the Tribunal erred in not awarding reasonable compensation towards conventional heads and therefore, the judgment and award passed by the Tribunal is liable to be modified by awarding just and reasonable compensation.

5. As against this, learned counsel appearing for the insurer inter-alia substantiated the impugned judgment and award passed by the Tribunal as just and proper. However, he fairly submitted that 1/5th of income may be deducted towards personal expenses of the deceased.

6. After careful consideration of the submission made by the learned counsel for the parties and on careful perusal of the impugned judgment and award passed by the Tribunal, what emerges is that the occurrence of accident and resultant death of the deceased are not in 7 dispute. Further, it is not in dispute that the deceased was aged about 51 years as on the date of the accident and that he was working as Conductor in BMTC. As per Ex.P-13-Pay-slip, he was getting income of Rs.8,191/- per month. Out of this, 1/5th is deducted towards his personal expenses. The remaining amount would be Rs.6,553/-. As the deceased was aged 51 years as on the date of the accident, the appropriate multiplier is ‘11’. Accordingly, we re-determine loss of dependency at Rs.8,64,996/- (Rs.6,553/- x 12 x 11). Having regard to the facts of the case, we deem it proper to award Rs.45,000/- under conventional heads, that is loss of love and affection, loss of consortium, loss of estate and transportation and funeral expenses. In all, the claimants are entitled for compensation of Rs.9,09,996/- as against Rs.4,83,200/- awarded by the Tribunal. There will be enhancement of Rs.4,26,796/-. 8

7. For the foregoing reasons, the appeal filed by the appellants is allowed in part. The judgment and award dated 14th October 2009 passed in MVC No.6045/2008 by the XIII Addl. Judge and Member, MACT, Court of Small Causes, Bangalore, is hereby modified, awarding a sum of Rs.4,26,796/- to the claimant with interest at 6% per annum from the date of petition till the date of realisation, in addition to the compensation awarded by the Tribunal. The insurer is directed to deposit the enhanced compensation amount with interest within three weeks from the date of receipt of a copy of this judgment and award. Out of the enhanced compensation of Rs.4,26,796/-, Rs.2,00,000/- with proportionate interest shall be invested in the name of appellant No.1 in any Nationalised / Scheduled Bank initially for a period of ten years and to be renewed for a period of another ten years. 9 Appellant No.1 is entitled to withdraw the interest periodically. Out of the remaining amount of Rs.2,26,796/-, Rs.1,00,000/- with proportionate interest shall be invested in the name of appellant No.6 in any Nationalised / Scheduled Bank till she attains the age of 25 years. Appellant No.1 is entitled to withdraw the interest periodically for the welfare of appellant No.6, till she attains 18 years and thereafter appellant No.6 is entitled to withdraw interest till 25 years. The remaining amount of Rs.1,26,796/- with proportionate interest shall be released in favour of appellant Nos.1 and 7 in equal proportion, on deposit by the insurer. Draw the award accordingly. KM Sd/- JUDGE