SHANTHA RAMAMURTHY Vs. KANIKA RAJ

JUDGEMENT

(1.) THIS appeal arises out of an order passed by the Motor Accidents Claims Tribunal, Bangalore, whereby MVC No. 186 of 1992 has been allowed in part and a sum of Rs. 1,43,000/- with interest at the rate of 6% p. a. awarded as compensation for the death of late Sri P. K. . Rama Murthy in a motor vehicle accident. The appellants/claimants pray for a suitable enhancement in the amount of compensation.

(2.) THE deceased Sri P. K. Rama Murthy was working as an employee of the Kirloskar Company. On the 20th of December, 1991, he was driving a two-wheeler on the West of Chord Road, Bangalore, when a motor-cycle bearing Registration No. CKR 2563 came from the wrong side and dashed against the two-wheeler of the deceased. On account of the impact of the collision, the deceased fell down and sustained multiple injuries. He was removed to K. C. G. Hospital at Bangalore for treatment where he died. In due course, the claimants who happen to be the widow of the deceased and his three children filed a claim petition for payment of compensation of Rs. 11 lakhs under several heads. The case of the claimants as set out in the claim petition was that the accident in question had taken place due entirely to the rash and negligent driving of the motor-cycle by its driver entitling the claimants to compensation from the owner and the Insurance Company with which the offending vehicle was insured. The claim was opposed by the respondents on several grounds giving rise to four issues which the Tribunal framed and eventually decided in favour of the claimants. The Tribunal held that the accident in question had occurred on account of the rash and negligent driving of the rider of the motor-cycle and that the deceased had died on account of the injuries sustained by him in the said accident. While calculating the amount of compensation payable to the claimants, the tribunal held the salary of the deceased to be at Rs. 1,500/- only per month out of which Rs. 500/- was deducted towards his personal expenses treating the balance of Rs. 1,000/- as his contribution towards the family. Taking the age of the deceased to be around 50 years, the Tribunal chose a multiple of 11 and awarded a sum of Rs. 1,32,000/- towards loss of dependency to the claimants. To this amount, the Tribunal added a sum of Rs. 3,000/- towards funeral expenses and transportation of the dead body apart from Rs. 4,000/-each towards loss of estate and loss of consortium taking the total amount of compensation to Rs. 1,43,000/- made payable with interest at the rate of 6% p. a. from the date of the claim petition till the date of the deposit in the Court. The claimants not being satisfied with the said amount have appealed to this court as already indicated earlier.

(3.) APPEARING for the appellants, Mr. Sundara Murthy, strenuously argued that the Tribunal was in error in holding that the income of the deceased was limited to Rs. 1,500/- per month. He urged that the salary certificate produced by the claimants in the course of the trial before the Tribunal had been admitted into evidence and marked Ex. P. 8 which clearly indicated that the salary of the deceased was Rs. 4,029. 47 paise per month. The Tribunal, argued the learned Counsel, had committed an error in holding that the salary certificate was inadmissible in evidence as the same had not been signed by any officer of the company with whom the deceased was employed. Alternatively, he submitted that the age of the deceased, as was evident from the record including the school leaving certificate produced along with the application filed in this Court for additional evidence, was around 49 years on the date of the accident. The multiple chosen by the Tribunal was therefore inappropriate as according to the decision of this Court in Gulam Khader and another v United India Insurance Company Limited and Another, the correct multiple applicable was 12 and not 11. He urged that the order passed by the Tribunal deserved to be modified to suitably enhance the amount of compensation payable to the claimants.