Shanthi Kumari P Vs Mr Jeevandas Adyanthaya

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.01.2024 PASSED IN MVC NO. 613/2021 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, MACT-IV, DAKSHINA KANNADA, MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD and

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HON'BLE MR JUSTICE G BASAVARAJA

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MR JUSTICE B M SHYAM PRASAD)

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This appeal is by the claimants in MVC No.613/2021 on the file of the Motor Vehicles Accident Claims Tribunal - IV and III Additional District and Sessions Judge and Member, Dakshina Kannada, Mangaluru [for short, 'the Tribunal' ]. The Tribunal has allowed their claim petition granting a total sum of Rs.21,51,500/- with interest at 6% per annum apportioning the compensation amount amongst the appellants in the ratio of 60:20:20 under the following heads:

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Towards Loss of Dependency	Rs.19,50,000.00
Towards Loss to Estate	Rs. 16,500.00
Towards Loss of love and affection	Rs. 1,20,000.00
Towards loss of consortium (forpetitioner No.1)	Rs. 50,000.00
Funeral and Obsequies expenses and transportation of dead body Etc.	Rs. 15,000.00
Total	Rs. 21,51,500/-

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HC-KAR

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At the outset, the Court must observe that there is no dispute that the first appellant's husband and the other appellant's father [ Sri Vasanth Kumar ] succumbed to the injuries suffered in a road traffic accident on 16.01.2021 and that the second respondent is liable to indemnify the first respondent [ the owner of the offending vehicle ].

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Sri Ravishankar Shastry G., the learned counsel for the appellants, submits that the appellants have filed their appeal for enhancement in the compensation because the Tribunal has overlooked the material evidence in taking the income of the deceased only in a sum of Rs.15,000/- per month and because the Tribunal has failed to provide for addition towards Loss of Future Prospects . The learned counsel, relying upon the academic and work records of the deceased as per Ex.P.11 to Ex.P.20, submits that it cannot be disputed that the deceased had Post-graduation in Master of Education; that he

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HC-KAR

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had worked with M/s. Alva's Education [a reputed Education Foundation] until 2018 and thereafter was employed as an ' Administrative Officer ' with another Educational Institution at Mangalore [ M/s. Anjuman Education Institutions ].

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Sri Ravishankar Shastry G submits that the deceased was earning in least Rs.35,000/- in terms of the Certificate issued by the last institution and that the deceased was also doubling up his income by other activities. Therefore, there is no exaggeration in the claimants asserting that the deceased was earning Rs.92,000/- per month.

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Sri P.B. Raju, the learned counsel for the second respondent, submits that the claimants themselves have filed Income Tax Returns for the assessment years 2017-18 to 2020-21, and at the most, these would be the documents based upon which the last income of the deceased must be assessed and that there is no evidence whatsoever to

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HC-KAR

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justify the claim that the deceased was earning Rs.92,000/-per month.

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Sri P.B. Raju also submits that this Court

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must consider whether there must be any enhancement in the light of the fact that the appellants have been awarded higher compensation under the conventional heads in a sum of Rs.2,01,500/- as against a sum of Rs.1,65,000/[Rs.1,32,000 + Rs.33,000], that they would be entitled towards loss of consortium towards cost of funeral expenses and transportation charges.

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This Court must observe that the question for consideration is:

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Whether there must be any enhancement in the compensation recomputing the loss of dependency reconsidering the last drawn income of the deceased with addition towards the future prospects .

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HC-KAR

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Sri P.B. Raju cannot dispute that in terms

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of the settled law the claimants will be entitled to addition towards Future Prospects at 25% of the last drawn income because the deceased was indeed in employment and aged 47 years as of the date of the accident. Further, Sri. P.B. Raju cannot dispute the probative value of the Income Tax Returns. The average income of the deceased in terms of the relevant Income Tax Returns [Assessment years 2017-18 to 2020-21] will be a sum of Rs.4,31,438/-.

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The learned counsels cannot dispute that given this income, the standard deduction and tax slab, the deduction towards income tax should be 5% and that the only deduction, apart from the deduction towards personal expenses, must be towards the professional tax in a sum of Rs.2,400/per annum. The computation of the monthly income with deductions will be as follows:

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HC-KAR

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*Assessment years*	*Gross Total Income*
2017-18	Rs.5,77,527/-
2018-19	Rs.4,18,910/-
2019-20	Rs.2,97,877/-
Total	Rs.12,94,314/-
[A] Average yearly income for three years	Rs.4,31,438/-
Income Tax for the Slab between 2,50,000/- and Rs.5,00,000/- after standard deduction for the _first 50,000/- _	5% of Rs.1,31,438 [4,31,438-3,00,000] *Rs.6,571/-*
Deduction towards Professional Tax	Rs.2,400/-
[B] Total Deductions	Rs.8,971/-
Net annual Income [A-B]	Rs. 4,22,467/-
Net Monthly Income	*Rs. 35,205/-*

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The computation of Loss of dependency is

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as follows:

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*Computation of Loss of D* Monthly Income after deduction of Income tax	*ependency* Rs. 35,205/-
Addition towards future Prospects at 25%	Rs.8,801/-
Annual Income with Future prospects	Rs.5,28,072/-
Deduction at 1/3^rdtowards personal expenses	Rs.1,76,024/-

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HC-KAR

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Annual Income after deduction towards personal expenses	Rs.3,52,048/-
Loss of dependency with multiplierof '13'	Rs.45,76,624/-

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This Court in granting enhanced

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compensation to the claimants under Loss of Dependency must also ensure that there is just and reasonable compensation, and it is settled law that

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the claimants will be entitled together for a sum of Rs.1,32,000/- towards Loss of Consortium and a sum of Rs.33,000/- towards other expenses as per the law settled by the Apex Court. The claimants will thus be entitled for a sum of Rs.47,41,624/- as against the sum of Rs.21,51,500/- awarded by the Tribunal. This is brought out by a comparative table

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of the amounts as granted by the Tribunal and as

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modified by this Court.

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	By the Tribunal	By this Court
	[in Rs.]	[in Rs.]
Loss of Dependency	Rs.19,50,000/-	Rs.45,76,624/-
Loss of Estate	Rs.16,500/-
Loss of love and affection	Rs. 1,20,000/-

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HC-KAR

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Loss ofconsortium	Rs.50,000/-
Funeral and		Rs.1,65,000/-
obsequies expenses and transpiration of dead body.	Rs. 15,000/-
Total	Rs. 21,51,500/-	Rs 47,41,624/-
Enhanced		*Rs.25,90,124/-*

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In the light of the afore, the following:

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ORDER

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[ A] The appeal is allowed modifying the Tribunal's judgment and award holding that the claimants are entitled for compensation in a sum of Rs.47,41,624/-, including enhancement in a sum of Rs.25,90,124/-, along with interest at 6% per annum from the date of petiton till the date of deposit.

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[B] The second respondent is called upon, subject to the amount already in deposit, to deposit the balance amount within a period of eight [8] weeks from the date of certified copy of the award.

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