SAVITHRI Vs. RAMAPPA

JUDGEMENT

(1.) ADDITIONAL Motor Accident Claims Tribunal, Hubli has allowed MVC No. 118 of 1996 in part and awarded a sum of Rs. 2,52,633/- with interest at the rate of 9% per annum towards compensation for the death of late Sri Parvatgouda Patil in a motor accident. The claimants-appellants have appealed to this Court for a suitable enhancement of the said amount.

(2.) THE deceased Parvatgouda Patil was working as police constable attached to the office of the Commissioner of police Hubli at Dharwad. He was, on the fateful day, returning to his village from Hubli on a two wheeler when a truck coming from the opposite direction knocked him down resulting in his death two days later in the hospital to which he was removed for treatment. In due course, the appellants filed MVC No. 118/1996 for payment of compensation and prayed for an amount of Rs. 12,00,000/- with interest at 18% p. a.

(3.) THE claim was opposed by the Respondent giving rise to three issues, which the Tribunal framed and has answered in favour of the claimant, by the impugned judgment. The Tribunal has held that the accident in question had occurred on account of rash and negligent driving of the offending truck by its driver. It has further held that the claimants are entitled to payment of compensation. While determining the amount of compensation, the Tribunal has taken the salary of the deceased at Rs. 3112/- per month and after deducting 1/3rd of the said amount towards his personal expenses, treated the balance amount of Rs 2075 /- as the contribution of the deceased to his family. It has then deducted from the said amount a sum of Rs 590 /- per month on account of the family pension which his family was receiving to bring the net loss of dependency to Rs 1,485 /- per month or Rs 17, 820 /- per annum. The said amount has then been capitalized by applying a multiple of 15 to take the total loss of dependency to Rs 2,67,3000 / -. To that amount, the Tribunal has added a sum of Rs 10,000 /- towards loss of consortium, Rs 2000 /- towards funeral expenses and sum of Rs 5,000 /- towards mental pain and agony to the claimants- appellants during the time the deceased was in hospital. The Tribunal has than deducted from the amount so determined a sum of Rs 21,667 /- on account of the payment received by the claimant from the Life Insurance Corporation. The award amount, has in the process, been reduced to Rs 2,62,633 /- payable with interest at the rate of 9% p a from the of the claim petition till the date of deposit.