EJAJ PASHA ALIAS SYED MUNAWAR Vs. BABU

JUDGEMENT

(1.) This appeal is filed against the judgment and award dated 21st December, 2011 passed by the Additional Motor Accident Claims Tribunal, Mysore (hereinafter referred to as 'the Tribunal') in M.V.C. No. 15/2011, being aggrieved by the inadequate quantum of compensation awarded in favour of the appellants, who are the parents of the deceased Rizwan. The Appellants herein filed Claim Petition before the Tribunal under Section 166 of the Motor Vehicles Act. Their case before the Tribunal was that, on 13.9.2010 at 6.00 p.m., their deceased son Rizwan was proceeding as a pillion rider in the scooter bearing registration No. KA-02/S-8101. The rider of the said scooter was one Ali. Near Pushpa shrama junction at Bennur side ring road, at about 6 p.m., the offending lorry bearing registration No. KA-04/B-3298 driven by its driver in a rash and negligent manner came with high speed and hit the scooter. Consequently, the deceased fell down and sustained grievous injuries and succumbed to the injuries in K.R. Hospital. At the time of death, the deceased was hale and healthy and was earning Rs. 2.50 to Rs. 300 per day from his scooter mechanic work. He was the sole bread winner of the family and appellants were entirely dependent on him. On his death, the appellants filed a petition claiming compensation of Rs. 56,60,000 with interest @ 12% per annum from the date of petition till the date of realization.

(2.) The petition was contested by 3rd Respondent/Insurance Company only. On appreciation of the evidence on record and after hearing both the parties, the Tribunal has awarded total compensation of Rs. 1,70,000 with interest @ 6% per annum from the date of petition till the date of realization to be payable by the Insurance Company.

(3.) The learned Counsel Mr. P. Nataraju appearing for appellants submits that, the Tribunal by ignoring the evidence on record has taken the income of the deceased as Rs. 3,000 per month only and awarded a meagre compensation of Rs. 1,35,000 towards loss of dependency, which is grossly inadequate. Since the deceased was a bachelor at the time of his death, the Tribunal ought to have assessed his contribution to the family at 50%, instead of assessing the contribution as 1/4th of his total income. The interest awarded at 6% per annum is on a lower side and that has resulted in miscarriage of justice. He was hale and healthy at the time of death and was earning about Rs. 6,000 per month by his mechanic work and used to spend his substantial earning for the maintenance of the family. His untimely death has rendered the appellants helpless in their old age and they are entitled for just compensation of Rs. 56,60,000 with interest @ 12%.