IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.3821/2019(MV) BETWEEN:
1. THE MANAGING DIRECTOR K.S.R.T.C. SHANTHINAGARA K H DOUBLE ROAD, BANGALORE-560 027 OWNER OF THE BUS BEARING REG NO.KA-35/F-150 REPRESENTED BY ITS CHIEF LAW OFFICER 2. THE CHAIRMAN INTERNAL SECURITY FUND SHANTHINAGAR K H DOUBLE ROAD, BANGALORE-560 027 REPRESENTED BY ITS CHIEF LAW OFFICER 3. THE DIVISIONAL NEKRTC HOSAPETE DIVISION HOSAPETE DISTRICT BALLARY-583 201 REPRESENTED BY ITS CHIEF LAW OFFICER ..APPELLANTS (BY SRI F.S.DABALI, ADVOCATE) AND:
1. AMBIKA P @ RUKSANA W/O CHAND PEER AGED ABOUT 20 YEARS, HOUSE WIFE R/O SUNNAGARA CIRCLE HIRIYUR TOWN DIST:CHITRADURGA -572143 2. DADAPEER S/O LATE HUSSAIAN SAB AGED ABOUT 49 YEARS BEHIND KSRTC BUS STAND HIRIYAR TOWN DISTRICT CHITRADURGA-572143 3. JAINABI W/O DADAPEER AGED ABOUT 46 YEARS BEHIND KSRTC BUS STAND HIRIYAR TOWN DISTRICT CHITRADURGA-572143 ..RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 05.03.2019 PASSED IN MVC NO.502/2018 ON THE FILE OF II ADDIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, CHITRADURGA, C/C II ADDITIONAL SENIOR CIVIL JUDGE, AWARDING COMPENSATION OF RS.16,32,800/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though the appeal is listed for admission, it is taken up for final hearing.
Appeal is directed against the Judgment and award dated 05.03.2019 passed in MVC No.502/2018 by the II Additional Senior Civil Judge and Additional MACT-V, Chitradurga, wherein claim petition came to be allowed in part awarding compensation of Rs.16,32,800/- with interest at the rate of 8% p.a. from the date of petition till the date of realization. Being aggrieved by the said Judgment and award corporation has preferred this appeal.
2. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
3. It is an appeal preferred by the Managing Director, KSRTC. The accident relating to an incident dated 18.05.2017 at 6.45 p.m. Chandpeer was riding his motorcycle bearing registration No.KA-44/J-5354 along with his wife from Hiriyur to Davanagere and they reached near Kyadigere Village in front of Rajasthan Daba, NH-4 Road, Chitradurga Taluk, the driver of NEKRTC bus bearing registration No.35/F-
150 drove the same in a rash and negligent manner with high speed and dashed to the hind portion of motorcycle of petitioner because of which said Chandpeer sustained serious injuries and succumbed to them.
4. Petitioners who are the wife and parents of the deceased filed claim petition before the Tribunal seeking compensation of Rs.30,00,000/-. Petitioners claimed that deceased Chandpeer was working as a mechanic and earning Rs.20,000/- per month and was aged 24 years at the time of his death.
5. Tribunal has considered monthly income at Rs.8,000/- and deducted 1/3rd towards living and personal expenses and granted compensation towards loss of dependency at Rs.16,12,800/- (Rs.8,000+40%=Rs.11,200x2/3x12x18) and compensation towards conventional heads at Rs.70,000/-. The break up of compensation granted by the Tribunal is as under:
SL.NO. DESCRIPTION AMOUNT 1. Loss of dependency Rs.16,12,800/-
2. Loss of consortium Rs. 40,000/-
3. Loss of Estate Rs. 15,000/-
4. Transportation and funeral expenses Rs. 15,000/-
Total compensation Rs.16,32,800/- Less interim compensation Rs. 50,000/- Total Rs.16,32,800/-
6. Learned counsel for appellants Sri F.S.Dabali would submit that the Tribunal has considered the income at a higher factor and compensation granted is excessive. Learned counsel would submit that the victim did not possess valid and proper licence.
7. In the context of the case considering salary at Rs.8,000/- for a mechanic in respect of the accident dated 18.05.2017 does not appear to be excessive and advantage of future prospects of 40% appears to be just and fair. 1/3rd is rightly deducted towards personal and living expenses and amount of Rs.70,000/- is granted under conventional heads. Interim compensation of Rs.50,000/- has been deducted from the total compensation.
8. It is necessary to make a mention that the appellant is owner as well as insured and the compensation granted does not appear to be neither higher nor lower than the reasonable compensation.
It is just and fair and there is no need to interfere and continue the proceedings. Appeal is rejected.
Amount in deposit if any to be transferred to the Tribunal forthwith.
Sd/- JUDGE SBN