REKHA AND ORS. Vs. KRISHNAMURTHY AND ORS.

JUDGEMENT

(1.) THIS appeal is by the claimants directed against the impugned judgment and award dated 22nd February 2013 passed in M.V.C. No. 583/2009 on the file of the Principal Senior Civil Judge and Member, M.A.C.T., Ramanagar (hereinafter referred to as 'Tribunal' for short). The Tribunal by its impugned Judgment and Award, awarded a sum of Rs. 4,72,000/ - with interest at the rate of 6% p.a. from the date of petition till the date of realization on account of the death of late Sri. P.M. Kumar in the road traffic accident. The claimants have filed this appeal on the ground that the quantum of compensation awarded by the Tribunal is inadequate and requires enhancement.

(2.) THE brief facts of the case on hand are that, the appellant No. 1 is the wife, appellant No. 2 is minor daughter and appellant Nos. 3 and 4 are parents of the deceased. They have filed a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation against the respondents on account of untimely death of the deceased P.M. Kumar in the road traffic accident contending that the deceased was the only earning member of the family, aged about 25 years and an Electrician by profession and he used to spend the entire amount earned by him towards the welfare of the family. Be that as it may, that on 26.07.2009 at about 6.15 p.m. when he was proceeding on his motorcycle bearing No. KA -42/E -3985 from his village to Hejjala on Bangalore - Mysore Road in front of Saraswathi Farm by observing all traffic rules slowly and cautiously, a Maruthi Omni Car bearing No. KA -03/B -9387 driven by its driver came in a rash and negligent manner with high speed and dashed against the deceased from behind. Due to the impact, the deceased fell down and sustained fatal injuries and succumbed to the same. On account of untimely death of the deceased in the road traffic accident, wife has lost her companion at the young age of 21 years, minor daughter aged about 6 years has lost love and affection, inspiration and guidance of father and parents aged about 45 years and 50 years respectively have suffered mental agony and pain. There is a total financial loss to the family and the entire family is under financial distress. The parents of the deceased have been deprived to see the bright future of their only son. Taking all these aspects into consideration, they filed a claim petition under Section 166 of the M.V. Act against the respondents before the Tribunal.

(3.) IT is the submission of the learned Counsel appearing for the appellants at the outset that, the Tribunal has erred in assessing the income of the deceased at only Rs. 3,000/ - per month as the deceased was aged about 25 years working as an Electrician and the entire family was depending upon the income of the deceased and he was the only bread earner of the family. The accident occurred on 26.07.2009, therefore, the income of the deceased may be re -assessed reasonably and award reasonable compensation towards loss of dependency and also under the conventional heads by modifying the impugned Judgment and Award passed by the Tribunal.