ALICE D SOUZA Vs. MOHAMMED AJMAL

JUDGEMENT

(1.) THOUGH this appeal is posted for further Orders, by consent of both the parties the same is taken up for final disposal.

(2.) THIS appeal by the claimants is directed against the impugned Judgment and Award dated 21st December 2011 passed in M.V.C. No. 80/2011 on the file of the learned Ist Additional District Judge and Member, Motor Accident Claims Tribunal -III, Dakshina Kannada, Mangalore. The Tribunal by its impugned Judgment and Award, awarded a sum of Rs.7,32,000/ - with interest at 6% p.a. from the date of petition till payment on account of the death of deceased late Francis D Souza in the road traffic accident. The claimants have presented this appeal on the ground that the quantum of compensation awarded by the Tribunal is inadequate and requires enhancement.

(3.) THE brief facts of the case of the claimants/appellants on hand are that, the appellant/claimant No.1 is the wife, appellant Nos. 2 to 6 are minor children and claimant No.7 is mother of deceased. They filed a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation on account of untimely death of deceased Francis D Souza in a road traffic accident that occurred at about 4.00 p.m. on 03.12.2010 contending that when the deceased was proceeding towards Mangalore on the motor cycle bearing Regn. No. KA -19/EA -707 following the Traffic Rules and Regulations in a moderate speed and when he reached in front of R.K. Garage of Adyar Village, Mangalore and taking a turn after displaying the right side indicator in order to go to the other side of the road, at that time, an Ikon Car bearing Regn. No. KA -21/M -7845 driven by its driver came at high speed and in rash and negligent manner from B.C. Road side and dashed against the motor cycle of the deceased. Due to the impact, he fell down and sustained multiple fractures all over the body. Immediately, he was shifted to Government Wenlock Hospital, Mangalore and the Medical Officer declared him dead. It is their further case that the deceased was aged about 44 years and working as Civil Contractor and was the only bread earning member in the family, whatever the amount he earned he used to spend the same for the welfare of the family consisting of 7 members. Due to untimely death of the deceased in a road traffic accident, they have suffered social and economic loss, wife has lost her life partner and the minor children have lost love and affection, inspiration and guidance of their father. The mother of the deceased has suffered mental shock and agony and during the pendency of the appeal, she is reported to be dead on 06.11.2012 after passing of the judgment and award by the Tribunal. Taking all these aspects into consideration, they have filed claim petition before the Tribunal under Section 166 of the Motor Vehicles Act, claiming compensation against the respondentsinsurer and owner of the offending vehicle involved in the accident. Further, they contended that on account of rash and negligent driving by the driver of the Car, the deceased sustained multiple fractures all over the body and succumbed to the injuries. Further, it is contended that the Tribunal erred in taking the income of the deceased at Rs.5,000/ - per month, deducting 1/5th towards personal expenses by applying multiplier of 14, and awarding compensation towards loss of dependency and conventional heads with interest at 6% p.a. from the date of petition till the date of realization. Being dissatisfied with the impugned judgment and award, the appellants herein have presented this appeal seeking enhancement of compensation.