IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MFA NO.7634 OF 2015 [MV] BETWEEN 1. SMT. DODDATHAYAMMA, W/O. LATE KEMPEGOWDA, AGED ABOUT 46 YEARS, 2. SRINIVAS H.K., S/O. LATE KEMPEGOWDA, AGED ABOUT 30 YEARS, 3. NINGARAJU H.K., S/O. LATE KEMPEGOWDA, AGED ABOUT 25 YEARS, 4. RAMESH H.K., S/O. LATE KEMPEGOWDA, AGED ABOUT 25 YEARS, ALL ARE R/O. M. HONNENAHALLI VILLAGE, MUDAGANDURU POST, DUDDA-HOBLI, MANDYA-571 401. ... APPELLANTS (BY SRI. RAJA L., ADVOCATE) AND THE DIVISIONAL CONTROLLER, KSRTC, MANDYA DIVISION, 1ST FLOOR, KSRTC BUS STAND, MANDYA-571 401. ... RESPONDENT (BY SRI. K. NAGARAJA, ADVOCATE) THIS MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.06.2015 PASSED IN MVC NO.1028/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND CJM AND MACT, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION, THIS DAY THE COURT MADE THE FOLLOWING:
JUDGMENT Though this appeal is listed for admission, the same is taken up for final disposal at the consent of both the parties.
This appeal arise out of MVC No.1028/2014 on the file of the Court of Additional Senior Civil Judge and CJM, Mandya, wherein the Tribunal awarded a total compensation of Rs.4,43,000/- to the appellants for the death of one Sri. Kempegowda in a road traffic accident.
2. I have heard the learned counsel appearing for the appellants and the leaned counsel for the respondent – Insurance Company.
3. The brief facts of the case are that on 09.06.2014, deceased Kempegowada was traveling along with others in a Bolero vehicle bearing registration No.KA-11/A-5213 towards Huruvanahalli Village to attend the funeral ceremony. At about 8.00 a.m., on SH 19, near Mayasandra, a KSRTC bus bearing registration No.KA-06/F-769 driven by its driver in a rash and negligent manner came from Mayasandra side towards Bellur Cross and dashed against the Bolero vehicle and due to the said impact, the inmates of the Bolero vehicle sustained injuries. The deceased Kempegowda was taken to A.C. Giri Hospital, B.G. Nagara and from there, he was referred to BGS Global Hospital, Bangalore and again referred to Sprine Care Hospital, wherein he was admitted for one day and then taken to Sakra World Hospital, Bengaluru, wherein he was treated for seven days, but in spite of the treatment given, he succumbed to the accidental injuries on 16.06.2014.
4. The claimants are the wife and three children of the deceased. It is the case of the claimants that the deceased was aged about 54 years at the time of accident and he was an agriculturist owning 7-00 acres of land and also a milk vendor and he used to earn Rs.15,000/- per month.
5. The Tribunal awarded a total compensation of Rs.4,43,000/- with interest at 9% per annum. The Tribunal after considering the evidence and material on record, assessed the income of the deceased at Rs.72,000/- per annum and deducted 50% towards personal expenses and applying ‘9’ as the multiplier, awarded a sum of Rs.3,24,000/- towards loss of dependency. In all, the Tribunal has awarded a compensation of Rs.4,43,000/- with interest at 6% per annum, under the following heads:
Loss of dependency Rs.3,24,000-00 Medical expenses Rs.19,000-00 Funeral expenses Rs.25,000-00 Loss of estate Rs.25,000-00 Loss of Consortium Rs.50,000-00 Total Rs.4,43,000-00 6. Learned counsel for the appellant would contend that the deceased was aged about 54 years as on the date of accident and the income taken by the Tribunal is also on the lower side. He would contend that the total compensation awarded by deducting 50% instead of deducting 1/3rd towards his personal expenses is not in accordance with law. Accordingly, he seeks to enhance the compensation awarded by the Tribunal.
7. Per contra, the learned counsel for the respondent would contend that the total compensation awarded by the Tribunal is based on the evidence and material on record and the same is just and reasonable and accordingly, he seeks to dismiss the appeal.
8. The accident in question involving KSRTC bus bearing registration No.KA-06/F-769 and the death of Kempegowda on account of the accidental injuries owing to the rash and negligent driving by the driver of the bus is not in dispute.
9. The Tribunal has taken the income of the deceased at Rs.6,000/- per month and deducted 50% towards personal expenditure. According to the claimants, the deceased was an agriculturist owning 7-00 acres of land also he was a milk vendor and from all sources, the deceased was earning a sum of Rs.15,000/- per month. Ex.P-15 is the RTC Extracts (7 in nos.), Ex.P-16 is the certificate issued by the Milk Producers Cooperative Society, M. Honnenahalli. Though it is stated that the deceased was earning a sum of Rs.20,000 to Rs.22,000/- from supplying milk to the Society, however, there is no corroborative piece of evidence or daily statement with regard to the supply of milk to the Society and in that view of the matter, it cannot be held that the claimants have established that the deceased was having income as stated by them. Considering the evidence and material on record and facts and circumstances of the case and also considering that the accident occurred in the year 2014, the income of the deceased is assessed at Rs.8,500/- per month.
10. According to the post mortem report, the deceased was aged about 60 years. Hence, the appropriate multiplier applicable to the age of the deceased is ‘9’. In view of the decision of the Hon’ble Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi and others reported in AIR 2017 SC 5157, an addition of 10% has to be made to the income of the deceased. After deducting 1/3rd of the income towards his personal expenses, the total income of the deceased is arrived at Rs.6,233/-. Therefore, the loss of dependency would be Rs.6,73,164/- (Rs.6,233x12x9). The compensation awarded under other heads including medical expenses is just and reasonable and based on the evidence and material on record and in the facts and circumstance of the case, the same is held to be just and proper and therefore, the appellants-claimants are entitled for a total compensation of Rs.7,92,164/- as against Rs.4,43,000/- awarded by the Tribunal.
11. Accordingly, I pass the following:
ORDER The appeal is allowed in part.
The judgment and award dated 19.06.2015 passed by the Addl. Senior Civil Judge and CJM and MACT, Mandya in MVC No.1028/2014 is hereby modified.
The appellants-claimants are entitled for a total compensation of Rs.7,92,164/- as against Rs.4,43,000/- awarded by the Tribunal.
The enhanced compensation shall carry interest at 6% per annum from the date of petition till its realization.
Respondent – Corporation is directed to deposit the entire amount within a period of four weeks from the date of receipt of the copy of this judgment.
Sd/- JUDGE snc