RENUKA Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the impugned common judgment and award dated 26th August, 2004, passed in M.V.C.No.2996/1998, by the Member, Principal Motor Accident Claims Tribunal & Chief Judge, Court of Small Causes, Bangalore (SCCH 1), (for short, 'Tribunal' ) for enhancement of compensation, on the ground that, the compensation of Rs.8,40,000.00 with 6% interest, awarded in favour of the claimants as against their claim for Rs.28.00 lakhs, is inadequate.

(2.) THE appellant No. 1 is the wife, appellant No.2 is the son and appellant Nos. 3 and 4 are the parents of deceased Late Sri. D.R. Narasimha Murthy. THEy filed the claim petition under Section 166 of the Motor Vehicles Act, contending that during midnight, on 04- 05-1998, when the deceased was travelling in the Car driven by one P. Murugesh, towards Kunigal side on B.M. Road, Mallaghatta village, within the jurisdiction of Kunigal Police Station, slowly and cautiously, observing all traffic norms, at that time, a Tanker Lorry bearing No.HR-38/A-1247, came from opposite direction of the said road, at very high speed, in a rash and negligent manner and dashed against the said car. Due to the impact, deceased sustained grievous injuries and succumbed to the same. It is the further contention of the appellants that the deceased, at the time of his death, was aged about 35 years and working as Educational Inspector at BEO Office at Nagamangala, drawing salary of Rs.6,757/- per month. He was hale and healthy prior to the date of accident and was the sole bread-winner in the family. In view of the untimely death of the deceased, the appellants have lost both social and financial security and are in great distress and therefore, they have to be compensated reasonably.

(3.) THE principal submission canvassed by the learned counsel appearing for appellants is that, the Tribunal has erred in not awarding reasonable compensation towards loss of dependency. To substantiate the said stand, he took us through the judgment of the Apex Court in Sarla Verma and others v. Delhi Transport Corporation and another, reported in 2009 ACJ 1298 : (AIR 2009 SC 3104) and submitted that, apart from the salary of the deceased, 50% of the salary has to be added to the salary of the deceased in respect of loss of future prospects, for calculating the compensation payable towards loss of dependency, since the deceased was a Government Servant, having permanent job and was aged between 30 and 40 years. THErefore, he submitted that the impugned judgment and award is liable to be modified by awarding reasonable compensation towards loss of dependency as also under the conventional heads.