Aggrieved by the judgment and award dated 02.08.2019

passed in MVC No.127/2019 by the Principal Senior Civil Judge &

Member, MACT-IV, Davanagere (for short ‘the Tribunal’), the

petitioner therein have preferred this appeal.

For the sake of convenience, the parties are referred to

herein as per their status before the Tribunal.

3.

Brief facts of the case are as follows:

That on 22.10.2018, the petitioner was moving with his wife

Ashwini on a motor bike from Arasikere to Davanagere, at about

11.45 a.m. when they reached Singrahalli Rice Mill a lorry bearing

registration No.HR 73/A-8517 being driven in a rash and negligent

manner and duly insured with the second respondent - Insurance

Company came and dashed against the said motor bike resulting in

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the death of wife of the petitioner namely, Ashwini. Hence,

petitioner preferred MVC No.127/2019.

4.

The Tribunal, based on the evidence let in, has awarded

a compensation of Rs.13,67,000/- along with interest @ 8% p.a.

under the following heads:-

1)

Loss of estate

Rs.12,96,000/-

2)

Medical & traveling expenses 16,000/-

3)

Loss of consortium 40,000/-

4)

Funeral expenses 15,000/-

Total Rs.13,67,000/-

5.

Not satisfied by the same, the petitioner has preferred

this appeal.

6.

The accident happened in the year 2018. The income

of the deceased has not been proved. Hence, the notional income

as per Lok adalath chart has to be taken into consideration, which

is Rs.12,500/- per month. The deceased was aged 24 years at the

time of accident. Given the age of the deceased, as per the law

laid down by the Hon’ble Supreme Court in Sarla Verma & Ors vs

Delhi Transport Corp.& Anr [2009(6) SCC 121], multiplier of

'18' is applicable. As per the law down by the Apex Court in

National Insurance Co.Ltd. v. Pranay Sethi (2017) 16 SCC

680, 40% needs to be added to her income as future prospects.

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As she was married and husband is the only dependant, 1/3^rd has

to be deducted towards personal expenses of the deceased. Hence,

towards 'loss of dependency', petitioner is entitled to a sum of

Rs.25,20,000/-

(12500+40%x18x12x2/3=25,20,000).

The

petitioner is entitled to a sum of Rs.40,000/- towards 'loss of

consortium'. Further, he is entitled to a sum of Rs.30,000/-

towards 'funeral expenses' and 'loss of estate'.

7.

Thus, the compensation to the petitioner under

different heads is modified as hereunder:-

Sl.

No.

HEAD OF

COMPENSATION

AMOUNT

AWARDED BY

THE TRIBUNAL

IN RS.

AMOUNT

AWARDED BY

THIS COURT

IN RS.

1

Towards loss of

Dependency

-

25,20,000-00

2

Towards loss of

consortium

40,000-00

40,000-00

3

Loss of estate

12,96,000-00

-

4

Towards loss ofestate

and funeral expenses

15,000-00

30,000-00

5

Medical & traveling

expenses

16,000-00

-

Total

13,67,000-00

25,90,000-00

8

Thus,

the

petitioner

is

entitled

to

enhanced

compensation

of

Rs.12,23,000/-

(Rs.25,90,000/-

minus

Rs.13,67,000/- = Rs.12,23,000). Further, given the bank rate of

- 5 -

interest, I deem it appropriate to award an interest of 6% per

annum on the enhanced amount. Hence, the following:

ORDER

i. Appeal is allowed in part.

ii. The total compensation awarded by the Tribunal is

modified

and

petitioner

is

entitled

to

enhanced

compensation of Rs.12,23,000/- (Rupees Twelve Lakhs

Twenty Three thousand only) over and above what has

been already awarded by the Tribunal along with interest

at the rate of 6% per annum from the date of filing of

the petition before the Tribunal till the date of

realization.

iii.

Respondent

No.2

shall

pay

the

enhanced

compensation amount to the petitioner along with

interest thereon within a period of six weeks from the

date of receipt of the certified copy of the judgment and

order.

iv.

Draw modified award accordingly.

SD/-

JUDGE

VMB