ANNAPPA NAIK Vs. CHAND BASHA

JUDGEMENT

(1.) The appellants, being aggrieved by the judgment and award dated 9th August, 2004 passed in MVC No. 660/2001 by the Additional Civil Judge (Sr. Dvn.) and Additional Motor Accidents Claims Tribunal. Shimoga (in short 'Claims Tribunal'), have presented this appeal, seeking enhancement of compensation, on the ground that the amount awarded by the Claims Tribunal is inadequate, insofar as it relates to loss of dependency, for not awarding any compensation towards love and affection and also for apportioning the compensation to respondents-5 to 7.

(2.) The deceased Sri. Lokyanaika was an Arrack vendor. The 2nd appellant and 5th respondent are the wives; the 1st appellant and respondents 6 and 7 are the sons and 4th respondent is the mother of the deceased Sri. Lokyanaika. That on 18-9-2001 the deceased was proceeding by walk from his Arrack shop to his house on the left side of the road at about 9.45 p.m. and while he was proceeding on B. H. Road near Channabasaveshwara Temple, Balavagoppa, Shimoga Taluk, along with one Najeebai, at that time a Canter bearing No. 20/5057 driven by second respondent came in a rash and negligent manner with high speed and hit the deceased Sri. Lokyanaika and on account of it, deceased sustained grievious injuries all over the body and became unconscious and immediately he was taken to Mc. Gan Hospital and doctor declared him as dead On account of the death of the deceased Sri. Lokyanaika, the appellants have filed a claim petition, claiming compensation of Rs. 5,90,000/-. In the said petition, respondents-4 to 7 have impleaded themselves as the legal representatives of the deceased. The said claim petition had come up for consideration before the Claims Tribunal on 9th August, 2004. The Claims Tribunal, after analysing the oral and documentary evidence, has allowed the said claim petition in part and awarded a sum Rs. 3,84,000/- as compensation under different heads with interest of Rs. 6% p.a. from the date of petition till the date of actual deposit. Since the amount awarded by the Claims Tribunal in respect of loss of dependency is inadequate and also for not awarding any amount towards love and affection, the appellants have presented this appeal, seeking enhancement of compensation.

(3.) Learned counsel appearing for appellants vehemently submitted that, the Claims Tribunal has committed an error in deducting 1/3rd towards personal expenses of the deceased from his monthly income, which is taken at Rs. 3,000/- p.m. He also submitted that the Claims Tribunal ought to have deducted 1/5th towards personal expenses of the deceased instead of l/3rd having regard to the total number of dependents of the deceased who are 6 in numbers while determining the loss of dependency. Therefore, he submitted that the judgment and award passed by the Claims Tribunal is liable to be modified. Further he submitted that, the Claims Tribunal has committed an error in not awarding any amount towards love and affection on account of the death of the deceased Sri. Lokyanaika for appellant No. 2 and respondents-4, 6 and 7 and therefore, it needs to be modified. He also submitted that the amount awarded by the Claims Tribunal in favour of 5th respondent cannot be sustained as she is the second wife of the deceased and legally she is not entitled for any compensation and therefore, it needs to be modified.