B.R. SUMA @ RADHA Vs. YAMANOOR SAB KATARKI

JUDGEMENT

(1.) Both these appeals by the claimants of the deceased B.H. Ramesh and Mahantesh Naik are directed against the impugned common Judgment and Award dated 29th February, 2012 passed in MVC No. 359/2010 and M.V.C. No. 358/2010, by Member, Motor Accident Claims Tribunal and District and Sessions Judge Court, Koppal, (for short, 'Tribunal'), awarding compensation of a sum of Rs. 29,23,726/- and Rs. 27,31,027/- under different heads, with 7% interest per annum, from the date of petition till the date of realization, on the ground that, the said compensation awarded by Tribunal is inadequate and requires enhancement.

(2.) The facts in brief are that, the claimants in M.F.A. No. 23255/2012 (M.V.C. No. 359/2010) are the wife, children and mother of the deceased B.H. Ramesh and claimants in M.F.A. No. 23252/2012 (M.V.C. No. 358/2010) are the wife and children of the deceased Mahantesh Naik. The claimants of both the deceased persons filed separate claim petitions under Section 166 of the Motor Vehicles Act, contending that at about 6:30 P.M., on 17-01-2010, when the deceased persons namely B.H. Ramesh and Mahantesh Naik were returning from Dharwad and going towards Hospet, after attending the meeting at Dharwad along with their colleague in a Scorpio Car bearing No. KA-35/M-5856, near Halageri Village of Koppal Taluk, on NH-63, they met with the accident due to rash and negligent driving by the driver of the said Scorpio Car and due to the impact, both the deceased persons sustained grievous head injuries and succumbed to the same.

(3.) On account of the death of the deceased persons, the claimants filed separate claim petitions before the Tribunal, seeking compensation of a sum of Rs. 50.47 lakhs and Rs. 55.57 lakhs respectively against the driver, owner and Insurer of the offending Scorpio Car. The said claim petitions had come up for consideration before the Tribunal on 29th February, 2011. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed both the claim petitions in part, awarding a sum of Rs. 29,23,726/- and Rs. 27,31,027/- under different heads, with 7% interest per annum, from the date of petition till the date of realization, by assessing the income of the deceased persons as per their salary Certificates, deducting towards their personal expenses and adopting the suitable multiplier as per the age of the deceased persons in the light of the decision of the Hon'ble Supreme Court in SARLA VERMA'S CASE 2009 ACJ 1298. Being dis-satisfied with the quantum of compensation awarded by Tribunal, the claimants of both the deceased persons have filed these two appeals before this Court, seeking enhancement of compensation.