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[Cites 6, Cited by 0]

Bangalore District Court

Smt. Anjinamma vs Waris Khan on 3 October, 2016

BEFORE THE MEMBER PRL.MOTOR ACCIDENT CLAIMS
           TRIBUNAL AT BANGALORE
                 (S.C.C.H. - 1)

       DATED THIS THE 3rd DAY OF OCTOBER 2016

          PRESENT : SRI H.P.SANDESH, B.A.L., LL.B,
                MEMBER, PRL. M.A.C.T.

       M.V.C. No. 5522/2015 C/w. M.V.C.No. 1519/2016


Petitioners:       1. Smt. Anjinamma,
(in MVC 5522/15)      W/o Late Nagaraju,
                      Aged 45 years.

                   2. Vanajakshi,
                      W/o Yogesh Kumar,
                      Aged 26 years.

                   3. Manjula,
                      W/o Sathish Kumar,
                      Aged 24 years.

                   All are residing at
                   No.100,
                   Bharatharathna Indira Colony,
                   Industrial Area,
                   Bangalore -560 079.

                   And also residing at
                   Thalekere,
                   Thyamagondlu Hobli,
                   Nelamangala Taluk,
                   Bangalore Rural District.
 SCCH 1                            2           MVC No.5522/15 & 1519/2016




PETITIONERS :         1. Smt.Lakshmi,
(in MVC 1519/16)         W/o Late Rakesha,
                        Aged 20 years.

                      2. Chikkamma,
                         W/o Siddagangaiah,
                         Aged 37 years.

                      3. Siddagangaiah,
                         S/o Lakshmaiah,
                         Aged 49 years.

                      All are residing at :

                      Byadarahalli Colony,
                      Byadarahalli Dhakale,
                      T.Begur Post,
                      Thyamagondlu Hobli,
                      Nelamangala Taluk,
                      Bangalore Rural District.

                      (By Sri Venkateshaiah, Advocate)

                      - V/s -
Respondents:          1. Waris Khan,
(in both the cases)      Father name not known,
                         Aged Major,
                         No.1-22, Bheem Nagar,
                         Gadwal, Mahaboobnagar,
                         Telangana-509125.

                      (owner of the lorry bearing
                      Reg.No.AP-12-U-5578)

Respondent No.2       2. The Manager,
                         TATA AIG General Insurance
                         Co.Ltd., 3rd floor,
 SCCH 1                                  3        MVC No.5522/15 & 1519/2016




                              Janbukeshwara Archede,
                              Millers Road,
                              Bangalore -560 052.

                           (Policy No.Year 015543113500
                           Valid from 04-06-2015 to 03-06-
                           2016)
                           (By Sri K.Prakash, Advocate)



                                  *******

                     COMMON JUDGMENT
         These two petitions are arising out of the same accident and

therefore, they are disposed off by this common judgment.

         2. The petitioners have filed these petitions under Section 166

of the of the Motor Vehicles Act, 1989 seeking compensation for the

death of Srinivas and Rakesha in the road traffic accident.



         3. Brief facts of the case are that:-

   It is the case of the petitioners that on 21.11.2015 at about 5.30

p.m., when the deceased Rakesha was riding motor cycle bearing

NO.KA-52-K-8127 along with a pillion rider by name Srinivas near

B.H.Road, in front of Byraweshwara Chiken Center, Lohithnagar,

Kasaba Hobli, Nelamangala Taluk, Bangalore Rural district, at the
 SCCH 1                                4          MVC No.5522/15 & 1519/2016




same time the driver of lorry bearing NO. AP-12-U-5578 came in

high speed and in rash and negligent manner and dashed against the

motor cycle of the Rakesha in which Srinivas was pillion rider. As a

result of the same, both rider and pillion rider fell down and wheel of

the lorry ran over them and Rakesha died on the spot itself and

Srinivas sustained grievous head injuries.

         4. Immediately, after the accident injured Srinivas, petitioner in

M.V.C. No.5522/15          was shifted to Bowring and Lady Curzon

hospital, wherein he took treatment as inpatient for 10 days and he

succumbed to the injuries on 02.12.2015. Post mortem was conducted

and body was handed to the petitioners who in turn conducted funeral

and obsequies ceremonies. Petitioners have spent Rs.1,80,000/-

towards medicine, treatment, transportation, funeral and obsequies

ceremonies. It is further contended that deceased Srinivas was 24

years and he was hale and healthy and was working as a

coolie(Mason) and was earning Rs.15,000/p.m. and he used to

contribute his entire earnings to the family. He was the sole bread

earner of the family. The deceased was having good prospectus of

higher maintenance in his future as he was a hard worker. Due to the
 SCCH 1                              5          MVC No.5522/15 & 1519/2016




untimely death of the deceased Srinivas the petitioners have lost love

and affection.

         5. It is the case of the petitioners in M.V.C. No. 1519/16 that

Rakesha died on the spot itself and post mortem was conducted and

body was handed to the petitioners who in turn conducted funeral and

obsequies ceremonies by spending Rs.80,00/-. It is further contended

that deceased Rakesha was 22 years and he was hale and healthy and

was working as a driver and was earning Rs.15,000/p.m. and he used

to contribute his entire earnings to the family. He was the sole bread

earner of the family. The deceased was having good prospectus of

higher maintenance in his future as he was a hard worker. Due to the

untimely death of the deceased Rakesha the petitioners have lost love

and affection.

         6. The accident was occurred due to the rash and negligent

driving of the driver of the lorry bearing No. AP-12-U-5578 and the

same was insured with the second respondent and hence, both the

respondents are jointly and severally liable to pay the compensation .

         7.    In pursuance of these claim petitions, this Court has

issued notices against the respondents. Respondent No.1 did not chose
 SCCH 1                               6           MVC No.5522/15 & 1519/2016




to appear before the Court in both the cases and he was placed

exparte. The respondent No.2 has appeared before the Court through

his counsel and filed objection statement in both the cases denying the

petition averments. This respondent has admitted the issuance of

policy in respect of the lorry bearing No. AP-12-U-5578 and the

liability of this respondent is subject to terms and conditions of the

policy and compliance of 64 VB of Insurance Act.

         8. It is contended that the petitioners have not come before this

Court with clean hands and the accident has been twisted with

malafide intentions to get compensation from this Court by misusing

the judicial process. A false complaint has been lodged against the

insured vehicle after though by twisting the facts and colluding

concerned persons in order to get compensation. It is also contended

that the rider of the motor cycle bearing No.KA-52-K-8127 was riding

the said motor cycle without knowledge of riding and without

possessing valid vehicle documents in a rash and negligent manner

with high speed and they have fallen down on their own and insured

vehicle was not at all involved in the alleged accident. However, if it

is proved that the insured vehicle was involved and drivers of both
 SCCH 1                            7           MVC No.5522/15 & 1519/2016




vehicles are responsible for the alleged accident, the liability may

kindly be reduced to the extent of the negligence of the deceased. The

driver of the offending vehicle had no valid and effective driving

licence to drive the lorry and the owner of the vehicle had entrusted

the vehicle to a person who did not possess valid and effective driving

licence and the owner has violated the terms and conditions of the

policy. It is further contended that the second respondent reserves its

right to amend its statement of objection and also to take over the

defence of the insured in the event of the owner does not contest the

proceedings under section 170 of M.V.Act. The compensation

claimed by the petitioner is excessive and exorbitant. This respondent

denied the date, time and mode of accident, involvement of the

vehicle in the accident, age, avocation, income of the deceased. It is

further contended that the first respondent owner has not complied the

statutory obligation under section 134(c) of M.V.Act and the

concerned police have not complied the provisions of section 158(b)

of M.V.Act. It is further contended that the second respondent

reserves its right to amend its statement of objection and also to take

over the defence of the insured in the event of the owner does not
 SCCH 1                               8           MVC No.5522/15 & 1519/2016




contest the proceedings under section 170 of M.V.Act. Hence, prays

to dismiss the petition.

         9. Based on the pleadings this Court has framed the following

common issues in both the cases:-

                                   ISSUES in both the cases
         1. Whether the petitioners prove that the deceased
            succumbed to injuries in a Motor Vehicle Accident that
            occurred on 21-11-2015 at about 5.30 p.m, on Old B.H.
            Road, Infront of Byraweshwara Chicken Centre,
            Lohithnagar, Kasaba Hobli, Nelamangala Taluk,
            Bangalore Rural District, within the jurisdiction of
            Nelamangala Town Police Station on account of rash and
            negligent driving of the Lorry bearing registration
            No.AP-12-U-5578 by its driver?

         2. Whether the respondent No.2 proves that the accident was
            occurred on account of negligent act of the rider of the
            motor cycle?

         3. Whether the petitioners are entitled for   compensation? If
            so, how much and from whom?

         4. What order?


         10.   In order to prove their cases, the second petitioner in

M.V.C. No.5522/15 is examined as PW1 and second petitioner in

M.V.C. NO.1519/2016 is examined as PW-2 and one more person is

examined as PW-3 and they have got            marked the documents at

Ex.P.1 to 22 . The respondents have not led any evidence.
 SCCH 1                               9           MVC No.5522/15 & 1519/2016




         11. I heard the arguments of petitioner counsel and respondent

No.2 counsel.

         12. Having heard the arguments, based on the pleadings and the

evidence available on record, I record my findings on the above issues

as under:-

         1) Issue No.1( in both the cases )... In the Affirmative,
         2) Issue No.2( in both the cases )... In the negative
         3) Issue No.3 (in both the cases) ... Partly in the Affirmative,
         4) Issue No.4( in both the cases )... As per final order
                                             for the following:-

                              REASONS
         13. Issue No.1 and 2 ( in both the cases): These two issues are

inter-connected to each other and taken up together for discussion in

order to avoid repetitions.

         The petitioners in both the cases have contended that on

21.11.2015 at about 5.30 p.m.,        when the deceased Rakesha was

riding motor cycle bearing NO.KA-52-K-8127 along with a pillion

rider by name Srinivas near B.H.Road, in front of Byraweshwara

Chiken Center, Lohithnagar, Kasaba Hobli, Nelamangala Taluk,

Bangalore Rural district, at the same time the driver of lorry bearing

NO. AP-12-U-5578 came in high speed and in rash and negligent
 SCCH 1                               10        MVC No.5522/15 & 1519/2016




manner and dashed against the motor cycle of the Rakesha in which

Srinivas was pillion rider. As a result of the same, both rider and

pillion rider fell down and wheel of the lorry ran over them and

Rakesha died on the spot itself and Srinivas sustained grievous head

injuries and died in the hospital.

         14 In order to prove their cases second petitioner in M.V.C.

No.5522/2015 is examined as PW-1 and second petitioner in M.V.C

NO.1519/16 is examined as PW-2 and one eye witness is examined as

PW-3. PW1 got marked the documents F.I.R., P.M.Report, Inquest

report, mahazar, sketch, IMV report, charge sheet as per Ex.P.1 to 7 .

The PW1 was subjected to cross-examination and in the cross-

examination, regarding negligence is concerned she says she has not

witnessed the accident and she came to know the accident over the

phone and immediately after the information she went to hospital. It

is elicited that she is the sister of deceased and they are 4 children to

her parents and the deceased brother was not married and other

children are married. Her elder brother is residing separately. It is

suggested that, she is staying along with her husband after the

marriage and the said suggestion was denied.         She says she has
 SCCH 1                            11           MVC No.5522/15 & 1519/2016




produced the Adhaar card to show that she was staying along with her

brother. It is suggested that, her brother Srinivas was riding the motor

cycle and the said suggestion was denied. It is further suggested that

her brother Srinivas and another deceased Rakesh were talking each

other and hence the accident was occurred due to their negligence and

the same was denied. It is suggested that, the accident road NH road.

It is elicited that she has not seen the place of accident and hence she

cannot tell the sketch is properly drawn or not and the said suggestion

was denied. It is also suggested that the accident was occurred in the

middle of the road and the same was denied. She admits that she has

not given any complaint and the public who have witnessed the

accident have given the complaint. The police have not recorded her

statement.   It is suggested that the accident is not on account of

negligence of the driver of the lorry and the said suggestion was

denied. She says she has not seen the damages caused to the motor

cycle and she went and saw her brother at Bowring hospital and he

was talking. It is further suggested that, her brother has not died on

account of the accidental injuries and he died for some other reasons

and the same was denied. It is elicited that her brother passed away
 SCCH 1                             12           MVC No.5522/15 & 1519/2016




after 10 days of the accident. It is also suggested that in collusion

with the police a false case is registered against the driver of the lorry

since the rider of the motor cycle was not having the driving licence

and no insurance to the said motor cycle and the same was denied.

         15. One Kantharaju is an eye witness and examined as PW-3.In

his affidavit he states that he was working as a Mechanic in S.L.N.

Motors and he is an eye-witness to the accident and he gave the

complaint to the Police. He says on 21.11.2015 at about 5.30 p.m.

himself and his friend Manjanna were standing near Byraweshwara

Chiken Centre , at that time one Bajaj Pulsar motor cycle bearing

No.KA-52-K-8127 was coming from Nelamangala towards Joss Toll

road on B.H.Road, infront of Byraweshwara Chiken centre, Kasaba

Hobli, Nelamangala taluk, at that point of time the driver of lorry

bearing No. AP-12-U-5578 drove the same in a rash and negligent

manner with high speed and dashed against the back side of the bajaj

Pulsar motor cycle and rider and pillion rider fell down on the road

and wheel of the lorry ran over them and as a result of the same rider

of the motor cycle died on the spot and pillion rider succumbed to the

injuries in the hospital after 10 days. He was subjected to cross-
 SCCH 1                            13           MVC No.5522/15 & 1519/2016




examination. In the cross-examination, it is suggested that he is not

the resident of Nelamangala and the said suggestion was denied. He

admits he is having the auto garage in the name of SLN motors near

the place of accident. He has given the complaint to police. He

further says he has taken the injured to hospital immediately after the

accident to Government hospital, Nelamangala and police have noted

how an accident was taken place when he informed the police and he

has signed the said complaint. It is elicited that width of the road

around may be 40 feet. He has not produced any document to show

that the SLN auto garage belongs to him. It is further elicited that he

was standing outside the showroom and the distance between the

place where he was standing and the place of accident is around 20

feet and his brother Manjuanth was also there along with him. His

brother is staying separately at Nelamangala. He admits that he did

not see both the vehicle prior to the accident and after having heard

the sound he went to spot. He admits that he cannot tell exactly how

an accident was taken place. He has not given any evidence in the

Criminal Court. It is suggested that he was not in the place of accident

and he is giving false evidence before the Court and the said
 SCCH 1                              14         MVC No.5522/15 & 1519/2016




suggestion was denied. It is further suggested that even though he

was not there in the place of accident, in order to help the family of

the deceased, he is giving false evidence before the Court and the

same was denied.

         16. On the other hand, respondents have not adduced either oral

or documentary evidence.

         17. Now, let me appreciate the oral and documentary evidence

available before the Court. The Police, after investigation have filed

charge sheet for the offences punishable under section 279, 304(A) of

IPC as per Ex.P.7. The sketch which is marked at Ex.P.5 discloses

that the motor cycle of deceased was proceeding from Nelamanga to

Jasstoll and the accident was taken place in the middle of the road and

the driver of the lorry who was coming from Nelamangala side in the

same direction, he came and hit the motor cycle from back side and

caused the accident and it is 30 feet tar road towards north side at a

distance of 40 feet there is Byraweshwara Chicken center and towards

south there is S.L.N. Motors garage. Though in the written statement

respondent has contended that the rider of the motor cycle was riding

the motor cycle without knowledge of riding and without possessing
 SCCH 1                            15           MVC No.5522/15 & 1519/2016




valid and effective driving licence and in a high speed and in rash and

negligent manner and they have fallen down on their own and

succumbed to the injuries. It is important to note that the lorry came

from back and hit the motor cycle from behind. The respondent NO.2

counsel has concentrated more on the fact that deceased was not

having driving licence. In the cross-examination PW-2 the mother of

the deceased Rakesha who was riding the motor cycle at the time of

accident, says that her son had driving licence to drive the motor

cycle and the same was lost at the time of accident. It is suggested

that her son was not having driving licence and her son and his friend

Srinivas both were talking each other and they themselves fell down

from the motor cycle and the same was denied. For having taken note

of the facts and circumstances of the case, I have already pointed out

that the lorry went and dashed the hind portion of the motor cycle , the

question of contributory negligence does not arise. More over the

evidence of the PW-1 to 3 remains unchallenged and the respondents

have not led in either oral or documentary evidence. The driver of the

lorry has not been examined before the Court. He is the right person to

speak regarding the negligence of the deceased rider of the motor
 SCCH 1                             16          MVC No.5522/15 & 1519/2016




cycle . In order to consider the contributory negligence there must be

cogent evidence as held in the judgment reported in                 (2014

Kant.M.A.C. 330 (SC) ( Meera Devi and another )-No cogent

evidence to prove plea of contributory negligence, doctrine of

common law cannot be applied. Hence, I answer issue No.1 in the

affirmative and issue No.2 in the negative.



         18. Issue No.3 ( in M.V.C. No.5522/2015) : It is the claim of

the petitioners that first petitioner is the mother of the deceased and

petitioner No.2 and 3 are the married sisters of the deceased. It is the

contention of the PW-1 that she and her sister were residing along

with the deceased. In the cross-examination, it is suggested that she is

staying along with her husband after marriage and the same was

denied. It is also elicited that her sister Manjula is also married and

she is staying along with them and her husband is not doing any work

as his leg was broken. It is further suggested that herself and her

husband, her sister and her husband are staying separately in their

respective husband's house and same was denied. It is the contention

of the respondent counsel that the married daughters are not the
 SCCH 1                            17           MVC No.5522/15 & 1519/2016




dependants. Though they claim that they were residing along with the

deceased, in the evidence it has emerged that they are having their

respective husbands. PW-1 says her sister's husband is not doing any

work as his leg was broken and these aspects will not come to the aid

of the petitioners to show that they are the dependants of the deceased.

Hence, as the sisters are married and their husbands are alive, they are

not considered as dependants of the deceased. However, petitioner

No.1 is the mother of the deceased and she is only the dependant of

the deceased .



         19. It is contended that as on the date of the accident the

deceased was doing coolie(mason) work and earning Rs.15,000/-p.m.

and he used to contribute his entire income towards the family. In the

cross-examination, it is suggested that her brother was not doing any

coolie work and not earning Rs.15,000/p.m. and the said suggestion

was denied. The petitioner has not produced any document to show

that her brother was earning Rs.15,000/p.m. Therefore, in the absence

of any documentary evidence regarding his income, this Court has to
 SCCH 1                              18          MVC No.5522/15 & 1519/2016




take the income of the deceased at Rs.7,500/-p.m. as the accident is

of the year 2015.

         20. It is important to note that in the recent judgment reported

in 2012 ACJ 2002 (SC)( Amrit Bhanu Shali and others Vs. National

Insurance company Ltd. And others) Hon'ble Supreme Court held

that:

              Quantum - fatal accident -principles of
             assessment-multiplier-choice of -deceased
             aged 26 and claimants are father , mother and
             sister who got married during pendency of
             claim     application   -Tribunal     adopted
             multiplier of 17-High Court reduced
             multiplier to 13 -whether multiplier of 17
             based on the age of the deceased be applied -
             Held:yes, the age of dependants has no nexus
             with the computation of compensation .


         As per the above judgment in this case also, I have taken the

age of the deceased, to arrive the proper multiplier.

         21. The petitioners have produced notarized copy of election

identity card of the deceased at Ex.P.10, wherein his date of birth is

mentioned as 11.5.1993 . Ex.P.11 notarised copy of Aadhar card

discloses date of birth of the deceased as 11.5.1993 i.e, 22 years as on

the date of accident. Ex.P.12 notarised copy of election identity card
 SCCH 1                              19          MVC No.5522/15 & 1519/2016




of the first petitioner, i.e., mother, discloses her date of birth as

25.8.1969 i.e, 46 years as on the date of accident. In the P.M.Report ,

Inquest report , age of the deceased is shown as 22 years. The age

mentioned in aadhar card , election identity card and P.M.Report ,

Inquest report tallies, hence, I accept the age of the deceased as 22

years at the time of accident and in between the age group of 20-25

years the appropriate multiplier is 18 .

         22. In view of the principles laid down in the judgment reported

in 2013 ACJ 1403 (Rajesh Vs. Rajbir Singh), the Apex Court held

that even if a person is self employed, loss of future prospects has to

be taken into consideration. The income of the deceased is taken as

Rs.7,500/- per month, 50% of which works out to Rs.3,750/- and thus

the total works out to Rs.11,250/-. p.m.

         23. The deceased was bachelor at the time of accident, hence,

50% of his income has to be deducted towards his personal income.

It works out to be Rs.5,625/-p.m. (11,250-5,625) . Then the annual

income is Rs.67,500/-. (5,625x12). The proper multiplier applicable is

18 and if we multiply the annual income of the deceased by the

multiplier, the same works out to Rs.12,15,000/- (67,500x18), to
 SCCH 1                            20          MVC No.5522/15 & 1519/2016




which the petitioner No.1 is     entitled to under the head loss of

dependency on account of death of her son in the accident. Hence, I

award a sum of Rs.12,15,000/- towards loss of dependency.



         24. The Apex Court, in the case reported in 2013 ACJ 5800

(Sanobanu Nazirbhai Mirza Vs. Ahmedbad Municipal Transport

Service) and also in the recent judgment reported in AIR 2014

SUPREME COURT 706 (Puttamma Vs. Narayana Reddy) awarded

Rs.1,00,000/- as compensation to the family members (children and

family members other than wife) for loss of love and affection,

deprivation of protection, social security etc., and Rs.50,000/- as

compensation to the widow of the deceased for loss of love and

affection, pains and sufferings, loss of consortium, deprivation of

protection, social security etc., and Rs.10,000/- towards cost incurred

on account of funeral and ritual expenses. In this case also, since the

deceased has left behind his mother and sisters , I deem it proper to

award Rs.1,00,000/- as compensation to the mother and sisters for

loss of love and affection, deprivation of protection, social security

etc., and Rs.10,000/- towards cost incurred on account of funeral and

ritual expenses.
 SCCH 1                              21           MVC No.5522/15 & 1519/2016




         25. The petitioners have produced medical bills to the tune of

Rs.24,031/- at Ex.P.8 and 51 prescriptions at Ex.P.9. In the cross-

examination, PW-1 says her brother passed away after 10 days of the

accident. It is suggested that, bills which are produced before the

Court are created for getting more compensation and the said

suggestion was denied. The medical bills are supported by

prescriptions. Hence, I have accepted the medical bills. The same is

rounded off to Rs.24,100/-. Hence, I award a sum of Rs.24,100/-

towards medical expenses.

     26.The details of compensation I propose to award are as under:
Sl.No.     Head of Compensation                    Amount/Rs
1          Loss of dependency                      12,15,000-00

2          Compensation to the family                1,00,000-00
           members (children and family
           members other than wife) for loss
           of love and affection, deprivation
           of protection, social security etc.
3          Cost incurred on account of                  10,000-00
           funeral and ritual expenses
4.         Medical bills                               24,100-00
                           Total                    13,49,100-00


         27. Issue No.3 ( M.V.C. No.1519/2016) : It is the case of the

petitioners that the first petitioner has lost her husband , 2nd and 3rd
 SCCH 1                             22          MVC No.5522/15 & 1519/2016




petitioners have lost their son at the very young age. The petitioners

have produced notarized copy of election identity card of petitioner

No.1 at Ex.P.18 which discloses the name of her husband as Rakesha.

Ex.P.19 and Ex.P.20 are the election identity card of the parents of the

deceased.

         28. The was hale and healthy and he was working as driver and

earning Rs.15,000/p.m. To substantiate the same the petitioners have

not produced any document. In the cross-examination, PW-2 admits

that her son was having driving licence and the same was lost at the

time of accident. It is suggested that her son was not having the

driving licence to ride motor cycle and the said suggestion was

denied. She admits that motor cycle belongs to her son and she can

produce the R.C. and insurance but she has not produced the same.

Therefore, in the absence of any documentary evidence regarding his

income, this Court has to take the income of the deceased at

Rs.7,500/-p.m. as the accident is of the year 2015.



     29. Regarding age of the deceased, no documentary proof is

produced. Ex.P.17 is produced but it belongs to one Rajesh S. Hence,
 SCCH 1                              23          MVC No.5522/15 & 1519/2016




this Court has to rely upon the medical records. The P.M.Report

which is marked at Ex.P.15 discloses the age of the deceased as 22

years and in the Inquest report also his age is mentioned as 22 years

and this accident was occurred in 2015, hence, it is clear that he is

aged 22 years and the relevant multiplier applicable is 18.



         30. In view of the principles laid down in the judgment reported

in 2013 ACJ 1403 (Rajesh Vs. Rajbir Singh), the Apex Court held

that even if a person is self employed, loss of future prospects has to

be taken into consideration and hence, as the deceased was aged 22

years at the time of accident, 50% of the income has to be added to the

said amount towards loss of future prospects. It comes to Rs.11,250/-.

(7,500+3,750/-).       There are three dependants, hence, 1/3rd of the

income of the deceased is to be deducted for personal expenses i.e.,

Rs.3,750/-.     It comes to Rs.7,500/-. (11,250-3,750/-).       Thus, the

annual loss of dependency works out to Rs.90,000/-. The relevant

multiplier applicable to the case on hand would be 18.               If we

multiply the annual income of the deceased with the 18 multiplier, it
 SCCH 1                            24          MVC No.5522/15 & 1519/2016




works out to Rs.16,20,000/-, to which the petitioners are entitled to

under the head loss of dependency.

     31. The Apex Court, in the case reported in 2013 ACJ 5800

(Sanobanu Nazirbhai Mirza Vs. Ahmedbad Municipal Transport

Service) and also in the recent judgment reported in AIR 2014

SUPREME COURT 706 (Puttamma Vs. Narayana Reddy) awarded

Rs.1,00,000/- as compensation to the family members (children and

family members other than wife) for loss of love and affection,

deprivation of protection, social security etc., and Rs.50,000/- as

compensation to the widow of the deceased for loss of love and

affection, pain and sufferings, loss of consortium, deprivation of

protection, social security etc., and Rs.10,000/- towards cost incurred

on account of funeral and ritual expenses. In this case also, since the

deceased has left behind wife and parents, I deem it proper to award

Rs.1,00,000/- as compensation to the family members (children and

family members other than wife) for loss of love and affection,

deprivation of protection, social security etc., and Rs.50,000/- as

compensation to the widow of the deceased for loss of love and

affection, pain and sufferings, loss of consortium, deprivation of
 SCCH 1                             25           MVC No.5522/15 & 1519/2016




protection, social security etc., and Rs.10,000/- towards cost incurred

on account of funeral and ritual expenses.

    32.The details of compensation I propose to award are as under:

Sl.No.    Head of Compensation                    Amount/Rs
1         Loss of dependency                      16,20,000-00

2         Compensation to the family                1,00,000-00
          members (children and family
          members other than wife) for loss
          of love and affection, deprivation
          of protection, social security etc.
3         Compensation to the widow of the             50,000-00
          deceased for loss of love and
          affection, pains and sufferings,
          loss of consortium, deprivation of
          protection , social security etc.
4         Cost incurred on account of                  10,000-00
          funeral and ritual expenses
                          Total                    17,80,000-00




         33. Relying upon a judgment of the Apex Court reported in

2013 AIR SCW 5375 (Minu Rout and others Vs. Satya Pradyumna

Mohapatra and others), with regard to interest at the rate of 9% p.a. on

the compensation amount, in para 13 of the judgment, the Apex Court

held that Insurance Company is also liable to pay interest at the rate of

9% p.a. from the date of application till the date of payment and also
 SCCH 1                               26           MVC No.5522/15 & 1519/2016




by following the principles laid down in (2011) 4 SCC 481: (AIR

2012 SC 100) (Municipal Council of Delhi Vs. Association of

Victims of Uphaar Tragedy). In view of the above judgments with

regard to the rate of interest, and also it is settled law that while

awarding interest on the compensation amount, the Court has to take

into account the rate of interest of the nationalized bank and the rate

of interest at 9% cannot said to be on the higher side. Accordingly,

the petitioner is entitled to interest at the rate of 9% p.a.

         34.   As regards the liability to be fixed on the respondents,

admittedly the respondent No.1 is the owner and respondent No.2 is

the insurer       of lorry bearing No.AP-12-U-5578, hence, both

respondents are jointly and severally liable to pay compensation to the

petitioner. However, primary liability is fixed on respondent No.2,

insurance company to satisfy the award. Hence, this issue is answered

accordingly.




         35.   Issue No.4:     In the result,     I proceed to pass the

following:
 SCCH 1                                27           MVC No.5522/15 & 1519/2016




                                 ORDER

MVC 5522/2015 The petition filed by the petitioner is allowed in part against the respondents.

The petitioner is entitled for total compensation of Rs.13,49,100/- with interest at the rate of 9% per annum from the date of petition till realisation.

The respondents No.1 and 2 are jointly and severally liable to pay the award amount. However, the primary liability to pay the compensation amount is fixed on the respondent No.2 - Insurance Company and he is directed to deposit the compensation amount within two months from the date of this order.

The petitioner No.1 is mother, she is entitled for Rs.12,49,100/-. The amount of Rs.1,00,000/- awarded under the head of loss of love and affection is divided between the petitioner NO.2 and 3 and the same is ordered to be released to them along with interest.

Out of the compensation amount so apportioned in favour of the petitioner No.1, 50% is ordered to be invested in high yielding fixed deposit in her name in any of the nationalized or scheduled SCCH 1 28 MVC No.5522/15 & 1519/2016 bank of her choice for a period of 5 years. Remaining amount with entire interest is ordered to be released to her . MVC 1519/2016 The petition filed by the petitioner is allowed in part against the respondents.

The petitioner is entitled for compensation of Rs.17,80,000/- with interest at the rate of 9% per annum from the date of petition till realisation.

The respondents No.1 and 2 are jointly and severally liable to pay the award amount. However, the primary liability to pay the compensation amount is fixed on the respondent No.2 - Insurance Company and he is directed to pay the compensation amount within two months from the date of this order.

Compensation amount is apportioned as follows:-

         Petitioner No.1 - Wife           -     60%
         Petitioner No.2 - mother         -     20%
         Petitioner No.3 - father         -     20%

Out of the compensation amount so apportioned in favour of the petitioners No.1 to 3, 50% is ordered to be invested in high yielding fixed deposit in their respective names in any of the SCCH 1 29 MVC No.5522/15 & 1519/2016 nationalized or scheduled bank of their choice for a period of 5 years. Remaining amount with entire interest is ordered to be released to them.

Advocate's fee is fixed at Rs.1,000/- in each case. Original of the judgment shall be kept in MVC No.5522/2015 and its copy is kept in MVC No.1519/2016.

Draw decree accordingly (Dictated to the Stenographer, transcribed by her, corrected, signed and then pronounced by me in the Open Court on this the 3rd day of October 2016) (H.P.SANDESH,) Member, Prl. M.A.C.T. Bangalore.

ANNEXURES:

Witnesses examined on behalf of the petitioners:
P.W.1 :        Smt.Vanajakshi
P.W.2 :        Smt.Chikkamma
P.W.3 :        Kantharaju

Documents marked on behalf of the petitioners:
Ex.P-1 :           Copy of FIR
Ex.P-2 :           Copy of P.M.Report
Ex.P-3 :           Copy of Inquest report
Ex.P-4 :           Copy of mahazar
 SCCH 1                       30          MVC No.5522/15 & 1519/2016




Ex.P-5 :    Copy of sketch
Ex.P-6 :    Copy of IMV report
Ex.P-7 :    Copy of charge sheet
Ex.P-8 :    Medical bills(43)
Ex.P-9 :    Prescriptions (51)
Ex.P-10 : Notarised copy of Election Identity card (original compared) Ex.P.11 Notarised copy of Aadhaar card (original compared) Ex.P.12 Norarised copy of Election identity card of mother (original compared) Ex.P.13 Notarised copy of Election Identity card (original compared) Ex.P.14 Notarised copy of Election Identity card of sister of PW1(original compared) Ex.P.15 Copy of P.M.Report Ex.P.16 Copy of Inquest report Ex.P.17 Notarised copy of Election Identity card of deceased son(original compared) Ex.P.18 Notarised copy of Election Identity card daughter-in-law(original compared) Ex.P.19 Notarised copy of Election Identity card of her husband(original compared) Ex.P.20 Notarised copy of Election Identity card (original compared) Ex.P.21 Notarised copy of Aadhar card (original compared) Ex.P.22 Notarised copy of Election Identity card of her husband(original compared) SCCH 1 31 MVC No.5522/15 & 1519/2016 Witnesses examined on behalf of the respondents :
-Nil-
Documents marked on behalf of the respondents:
-Nil-
(H.P.SANDESH) Member, Prl., M.A .C.T. Bangalore