IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH APRIL, 2019 PRESENT THE HON'BLE MR. JUSTICE K.N.PHANEENDRA AND THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD R.P.No.289 OF 2018 IN M.F.A.No.1431 OF 2015 BETWEEN:
Karnataka State Road Transport Corporation K.H.Road, Shanthinagar Bangalore-560 027. … Petitioner (By Mrs. Shwetha Anand, Advocate) AND:
1. Sri. N. Munivenkataswamy S/o Late. Nagappa Aged about 62 years 2. Smt. S.N.Bhagyalakshmi @ Bhagyamma W/o N. Munivenkataswamy Aged about 52 years 3. Kumari H.M. Chethana D/o N Munivenkataswamy Aged about 27 years All are residing at No.1776, Vallabhai Road Oorappa Building Ramakrishna Extension Srinivasapura Town Kolar District-563101. ... Respondents (By Sri.Gopal Krishna N., Advocate) This review petition is filed under order 47 Rule 1 r/w section 114 of code of civil procedure praying to review the order dated:15.06.2018 passed by this Hon’ble Court in MFA No.1431/2015 to the extent of higher compensation by Rs.1,71,400/- in the interest of justice and equity.
This review petition coming on for orders this day, K.N.PHANEENDRA J., made the following:
ORDER This review petition is filed seeking for modification of the judgment dated 15th June 2018 in MFA No.1431/2015.
2. Learned counsel for the petitioner submitted that instead of taking 40% as ‘future prospects’, this Court has taken 50% and further submitted that on conventional heads, a sum of Rs.1,00,000/- is awarded as against Rs.30,000/-. The other side, in fact, has no objection to reduce ‘future prospects’ to 40% as against 50%. But he submitted that so far as the conventional heads are concerned, a lesser amount has been awarded by this Court. Instead of Rs.1,70,000/- only Rs.1,00,000/- is awarded and that requires no modification.
3. In view of the abovesaid submissions made, we are of the opinion, towards conventional heads, a sum of Rs.1,00,000/- is awarded, which includes loss of love and affection, loss of estate, transportation of dead- body, funeral and obsequies expenses and loss of marriage prospects. The said amount awarded by this Court, in our opinion, is reasonable and it requires no modification. However, the ‘future prospects’ taken at the rate of 50% requires to be modified to the extent of 40%. Calculating ‘future prospects’ at the rate of 40%, it would work out to the income of the deceased at Rs.11,200/- and out of that 50% towards personal expenses has to be deducted and total annual monthly income is reduced to Rs.5,600/- as against Rs.6,000/-
and multiplier 18 is adopted. The total compensation towards ‘loss of dependency’ works out to Rs.12,09,600/-. The same is to be substituted at paragraphs 6 and 7 of the judgment.
4. Therefore, the review petition is partly allowed.
The total compensation awarded by the impugned judgment and award is modified as under:
Compensation under different heads As awarded in MFA Rs.
As awarded in RP Rs.
Loss of dependency 12,96,000 12,09,600 Loss of love and affection 25,000 25,000
5. In view of the abovesaid calculation, the Corporation is directed to deposit the compensation amount of Rs.13,09,600/- along with interest @ 6% per annum from the date of filing of the claim petition, till the date of realization within a period of three weeks from the date of receipt of the certified copy of this order. Rest of the judgment is not disturbed.
SD/- JUDGE SD/- JUDGE cm/-