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5) Whether respondent No. 3 proves that the
respondent No. 1 was not possessing valid
driving licence to drive the offending
vehicle Lorry as on the date of the
accident?
6) Whether the respondent No. 3 proves that
respondent No. 2 violated policy
conditions?
7) Whether the petitioners are entitled for the
compensation claimed?
8) What Order or Award?
4. Claimant No.1 was examined as P.W.1
and got marked documents as Ex.P1 to P13. P.W.1
died before cross-examination and his legal
representatives were brought on record. Thereafter,
claimant No.5 has been examined as P.W.2 and got
marked documents as Ex.P14 to Ex.P20.
Respondents have not adduced evidence but the
insurance policy produced by respondent No.3 has
been marked with the consent of parties as Ex.R1.
After hearing the arguments and appreciating the
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evidence on record, the Tribunal has answered Issue
No.1 in the affirmative, Issue No.2 to 6 in the negative
and Issue No.7 partly in the affirmative and awarded
compensation as under:
Sl. Description of Amount
No heads
1. Income Rs. 8,000/- p.m
2. Future Prospects 40% of Rs.8,000/-
i.e., Rs.3,200/- p.m.
Total=Rs.11,200/- p.m.
3. Deduction towards 1/2 of Rs.11,200/-
personal expenses =Rs.5,600/-
of the deceased Balance Rs.5,600/- p.m.
4. Total Income per Rs.5,600 x 12 months. =
year Rs. 67,200/-
6. Loss of dependency Rs.67,200 x 18 M
=Rs.12,09,600/-
7. Loss of estate Rs.15,000/-
8. Funeral expenses Rs. 25,000/-
9. Loss of consortium Rs. 40,000/-
(Rs.40,000/- to the
claimant No.2 only.)
10. Total Compensation Rs. 12,89,600/-
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5. The Tribunal has held that the claimant
Nos.3 to 5 being the brother and sisters of deceased
are not dependants and only awarded compensation
for loss of dependency to claimant No.2 who is the
mother of the deceased. The claimants have filed the
present appeal seeking enhancement of the
compensation.
6. Heard learned counsel for appellants -
claimants and learned of counsel for respondent No.3
-insurer.
7. Learned counsel for appellants -claimants
would contend that the claimant Nos.3 to 5 being
sisters and brother, lost their love and affection of
their brother due to his death and therefore, they are
entitled for loss of consortium in a sum of
Rs.40,000/- each. He further contented that the
claimant No.1 was the father of the deceased and he
was alive as on the date of the petition and he is also
entitled to loss of consortium in a sum of Rs.40,000/,
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even though he died the said amount forms part of
his estate and other claimants are entitled to the said
estate of deceased -claimant No.1.
8. Learned counsel for respondent No.3 -
insurer would contend that the compensation
awarded by the Tribunal is just and proper. Claimant
Nos.3 to 5 being sisters and brothers are not entitled
to consortium. The amount of Rs.25,000/- awarded
towards funeral expenses is on higher side and the
Tribunal ought to have awarded Rs.15,000/- only
towards funeral expenses.
9. Having heard learned counsels, we have
perused the impugned judgment and other materials
placed on record.
10. The accident and the liability of
Respondent No.3 -insurer is not in dispute.
11. The Tribunal has rightly held that the
claimant No.2 being the mother of the deceased is
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dependent on the deceased and rightly awarded the
compensation to her for loss of dependency.
12. Claimant No.1 was father of the deceased
and he was alive as on the date of claim petition and
he died during the pendency of the claim petition
before the Tribunal. On the death of the claimant
No.1, it is recorded that his legal representatives are
claimant Nos. 2 to 5. Claimant No.1 was father and
therefore, he is entitled for filial consortium in view of
the decision of the Hon'bel Apex Court in the case of
Magma General Insurance Co. Ltd. Vs Nanu Ram
and others1. Even though claimant No.1 died, the
said consortium amount forms part of his estate and
other claimants being his legal representatives are
entitled to inherit the same.
13. Claimant Nos.3 and 4 are sisters and
claimant No.5 is brother of the deceased. Due to the
death of the deceased, claimant Nos.3 to 5 have lost
In 2018 ACJ 2782
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their love and affection of the deceased and therefore,
they are entitled to consortium in a sum of
Rs.40,000/- each.
14. The Tribunal awarded funeral expenses in
a sum of Rs.25,000/-. The said amount awarded by
the Tribunal is on higher side and claimant No.2 is
entitled to funeral expenses of Rs.15,000/-. The
Tribunal has rightly awarded loss of estate in a sum
of Rs.15,000/-. The Tribunal has rightly awarded
consortium of Rs.40,000/- to claimant No.2 -mother
of the deceased. Considering the above aspects, the
claimant No.2 is entitled to total compensation of
Rs.12,89,600/- -Rs.10,000/- = Rs.12,79,600/- with
interest at the rate of 6% per annum.
15. Claimant Nos.3 to 5 are entitled to
Rs.40,000/- each as consortium. The consortium in a
sum of Rs.40,000/- awarded to claimant No.1, in
view of his death it is to be shared equally by
claimant Nos.2 to 5 being his legal heirs. Considering
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the said aspect, claimants Nos.2 to 5 are entitled to
share the said amount in a sum of Rs.10,000/- each
in the said consortium of Rs.40,000/- awarded to
claimant No.1. Therefore, claimant No.2 is entitled to
Rs.12,89,600/- (Rs.12,79,600/- + Rs.10,000/-);
claimants Nos.3 to 5 are entitled to Rs.50,000/-
(Rs.40,000/- + Rs.10,000/-) each with interest.
16. In view of the above, the following
ORDER
i) The appeal is allowed in part.
ii) Claimant No.2 is entitled to total
compensation of Rs.12,89,600/- with
interest at the rate of 6% per annum from
the date of the petition till realisation.
iii) Claimant Nos.3 to 5 are entitled to
compensation of Rs.50,000/- each with
interest at the rate of 6% per annum from
the date of petition till realisation.
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iv) Respondent No.3 -insurer shall deposit
the enhanced compensation amount
before the Tribunal within 08 weeks from
this day, failing which, it is liable to pay
interest at the rate of 9% per annum from
this day till deposit.
v) Draw award accordingly.
Sd/-
(B.M.SHYAM PRASAD)
JUDGE
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
CT:VH
List No.: 1 Sl No.: 10
