Smt.Neeta W/O Kallappa Kadolkar & Ors vs The Div.Manager, Msrtc, Kolhapur

On 22.03.2011, the deceased Kallappa Gunavant Kadolkar, and his cousin Vijay Kadolkar (both aged about 33 years) were returning from Shinnoli village towards their village Kangrali BK on their motor-bike bearing registration no.KA-22-W-9244, when the MSRTC bus, bearing registration no.MH-14-BT-1541, came from the opposite direction and collided with their motor cycle, resulting in the death of both the deceased.

4. On filing the M.V.C. Nos.1991/2011 and 1582/2011 by the claimants before the Fast Track Court-III & Additional M.A.C.T., Belgaum, the Tribunal, by its common judgment and order dated 06.02.2012, awarded compensation amounting to Rs.7,68,000/- and Rs.7,88,000/- respectively, with interest at the rate of 8% p.a. by taking the monthly income of both the deceased at Rs.4,500/- p.m. Aggrieved by the same, the appellants filed the appeals before the High Court. The High Court party allowed the appeals of the appellants by re-assessing the monthly income of both the deceased at Rs.6000/- p.m. and it deducted 1/4th of the income towards personal expenses (as per Sarla Verma & Ors. v. Delhi Transport Corporation & Anr.[1]). The multiplier of 16 was taken to compute the compensation as both the deceased were aged about 33 years and awarded the compensation of Rs.9,09,000/- each, in both the cases to the claimants, with 8% interest p.a. Not satisfied with the quantum of compensation awarded by the High Court to them, these appeals are filed by the appellants before this Court.

Therefore, it would be just and proper to take the aforesaid additional income from the agricultural occupation and future prospects as claimed by the appellants on the basis of speculation and presumption and apply the multiplier 16, as the same is applicable in view of the age of the deceased as 33 years as on the date of their death, which is sworn to by the witnesses who were examined before the Tribunal on behalf of the appellants, in respect of both the Claim Petitions before the Tribunal.

Thus, the annual income of both the deceased would be Rs.1,44,000/- each. Deducting 1/4th of this amount towards their personal expenses, in order to determine the loss of dependency and keeping in view the age of the minor children, their widowed wives and the aged parents, as their units will be 4 and 5 respectively, as provided in the Sarla Verma (supra) case, the balance amount comes to Rs.1,08,000/-[(1,44,000/- (-) Rs.36,000/- (1/4th of Rs.1,44,000/-)]. Therefore, the loss of dependency of the appellants by applying the appropriate multiplier of 16, comes to Rs.17,28,000/- (Rs. 1,08,000/- X 16).

12. In the result, the appellants shall be entitled to compensation under the following heads:

13. Thus, the total compensation payable to the claimants of the deceased Kallappa and Vijay, by the respondent-Transport Corporation will be Rs.21,53,000/- and Rs.23,03,000/- respectively, with interest @ 9% p.a. from the date of filing of the application till the date of payment.

14. Accordingly, we allow these appeals in the above said terms. The compensation awarded shall be apportioned amongst the appellants on the enhanced compensation in terms of the award passed by the Tribunal. The respondent-Transport Corporation shall either pay the amount of compensation by way of demand draft/drafts in favour of the appellants or deposit the same with interest as awarded, even on the enhanced compensation before the Motor Accidents Claims Tribunal after deducting the amount already paid to the appellants within six weeks from the date of receipt of the copy of this judgment. No costs.