JUDGMENT

This appeal under Section 173(1) of the Motor Vehicles Act arises out of the judgment and award dated 12.02.2018, passed by the III Additional Judge and Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru (SCCH-18), in MVC No. 7540/2016. The claimants filed a petition under Section 166 of the Motor Vehicles Act, claiming just and proper compensation on account of the death of Natarajan, who succumbed to injuries sustained in a road traffic accident on 30.08.2016.

2. The tribunal awarded a total compensation amount of Rs.10,12,000/- with interest at 9% per annum. The claimants have appealed, seeking an enhancement of this compensation.

3. Heard the learned counsel for the parties and reviewed the Trial Court Records.

4. The death of Natarajan in a road traffic accident on

30.08.2016 is undisputed. At the time of the accident, he was 84 years old and was a pensioner drawing a pension amount of Rs.31,377/-. After deducting 50% towards personal and living expenses, the income of the deceased is assessed at Rs.15,700/-. By adopting a multiplier of ‘5’, the claimants are entitled to a compensation amount of Rs.9,42,000/-

towards loss of dependency.

5. The claimants are entitled to a compensation amount of Rs.40,000/- each towards loss of consortium, totaling Rs.80,000/- as against the Rs. 40,000/- awarded by the tribunal.

6. The tribunal awarded Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses, which is considered just and proper.

7. The driver of the offending vehicle did not possess a valid Driving License on the date of the accident. The Division Bench of this Court, in MFA No. 6154/2019, disposed of on 14.12.2023, relying on the decision of the Apex Court in the case of Pappu and others v/s Vinod Kumar Lamba and another (2018) 3 SCC 208, ruled that the Insurance Company is liable to pay the claim amount to the claimant initially, with the liberty to recover the amount from the owner of the vehicle in accordance with the law, when the vehicle covered under insurance was driven by a person not holding a valid license. Accordingly, I pass the following:

ORDER i) The appeal is allowed in part.

ii) The claimants are entitled to a total compensation of Rs.10,52,000/- as against the Rs.10,12,000/- awarded by the tribunal.

iii) The enhanced compensation of Rs.40,000/- shall carry interest at 6% per annum from the date of the petition until realization.

iv) Respondent No. 1 – the Insurance Company, is liable to satisfy the compensation amount awarded to the claimants in the first instance and may recover the same from respondent No. 2 – the owner, in accordance with the law.

To this extent the impugned judgment is modified.