IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD MFA No.7356/2016 (MV) C/W MFA No.7355/2016 (MV) IN MFA No.7356/2016 BETWEEN:
SMT. LAKSHMAMMA S/O VENKATAPPA @ VENKATESHA NOW AGED ABOUT 43 YEARS R/O HALE NIJAGAL, DEVARAHOSAHALLI POST SOMPURA HOBLI, NELAMANGALA TALUK BANGALORE RURAL DISTRICT - 562 123.
... APPELLANT (BY SRI.RANGE GOWDA N R., ADV. ) AND THE MANAGING DIRECTOR K.S.R.T.C CENTRAL DIVISION K.H.ROAD, SHANTHINAGAR BANGALORE - 560 027.
... RESPONDENT (BY SMT.H R RENUKA, ADV.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:8.9.2016 PASSED IN MVC NO.3282/2015 ON THE FILE OF THE 13TH ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA No.7355/2016 BETWEEN:
1. SRI MUNEPPA @ MUNIYAPPA S/O GANGAPPA NOW AGED ABOUT 48 YEARS 2. SMT SALEMMA W/O MUNEPPA @ MUNIYAPPA NOW AGED ABOUT 42 YEARS 3. ASHOKA S/O MUNEPPA @ MUNIYAPPA NOW AGED ABOUT 17 YEARS ALL ARE R/O MAKIREDDY PALLI NIRGATTPALLI POST, KASABA HOBALI BAGEPALLI TALUK CHIKKABALLAPUR DISTRICT - 563124 APPELLANT NO.3 IS MINOR REPRESENTED BY HIS NATURAL GUARDIAN FATHER MUNEPPA @ MUNIYAPPA APPELLANT NO.1 ... APPELLANTS (BY SRI.RANGEGOWDA N R., ADV. ) AND THE MANAGING DIRECTOR K S R T C CENTRAL DIVISION K H ROAD, SHANTHINAGAR BANGALORE - 560027 ... RESPONDENT (BY SMT. H. R. RENUKA, ADV. ) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:8.9.2016 PASSED IN MVC NO.3282/2015 ON THE FILE OF THE 13TH ADDITIONAL SMALL CAUSE JUDGE, MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
*** THESE MFAS COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT These appeals are filed by the appellants- claimants challenging the judgment and award dated 8.9.2016 passed by the XIII Addl. Small Cause Judge & Member, MACT, Bengaluru in MVC Nos.3283/2015 and 3282/2015 respectively.
2. Since both these appeals are arising out of the same judgment and award of the Tribunal, they are heard together and disposed of finally.
3. Brief facts of the case:
On 26.7.2015 at about 11.30 a.m., when the deceased namely Shantha @ Shanthamma was traveling as a pillion rider along with deceased Srinivas.V as rider of motorcycle bearing Registration No. KA-41-U-1520 and when they reached near Jass Toll, Byadarahalli Village on NH-4, Tumkur-Bangalore Highway, the driver of the KSRTC bus bearing Registration No.KA-06-F-952 came in a rash and negligent manner and dashed against the motorcycle and caused accident. As a result, both of them sustained grievous injuries, Shantha died on the spot and Srinivas died in the hospital. Hence, legal representatives of the both the deceased filed two separate claim petitions before the Tribunal. After appreciation of the evidence, the Tribunal granted compensation of Rs.9,11,000/- in MVC 3282/2015 and Rs.8,41,000/- in MVC 3283/2015 with interest at 9% p.a. Being aggrieved by the same, the present appeals are filed seeking enhancement of compensation.
4. The learned counsel for the appellants submits that the deceased Shanthamma and deceased Srinivas were aged about 19 years and 23 years respectively at the time of accident and both of them were working as Tailors and earning Rs.10,000/- each per month. But the Tribunal is unjustified in taking their income at Rs.7,000/- per month, which is on the lower side. Further, as per the law laid down by the Hon’ble Supreme Court in the case of NATIONAL INSURANCE CO. LTD. -v- PRANAY SETHI AND OTHERS [AIR 2017 SC 5157], it is held that in case the deceased was self-employed or on a fixed salary, an addition of 40% of the established income towards ‘loss of future prospects’ should be the warrant where the deceased was below the age of 40 years. Since both the deceased were aged below 40 years and self- employed, the learned Tribunal ought to have taken 40% of their notional income towards ‘loss of future prospects’, in order to calculate the "loss of dependency". However, the learned Tribunal has failed to do so. Therefore, compensation under the head "loss of dependency" needs to be enhanced. Therefore, he prays for allowing the appeals.
5. Per contra, the learned counsel for the KSRTC submits that even though the claimants claim that the deceased were earning Rs.10,000/- each per month by doing tailing work, the same is not established and hence, they are not entitled for addition of their income towards ‘loss of future prospects’ in order to calculate the "loss of dependency". The Tribunal on appreciation of oral and documentary evidence, has awarded just and reasonable compensation in both the cases. Therefore, she prays for dismissal of the appeals.
6. Heard the learned counsel for the parties, and perused the records.
7. It is not in dispute that deceased Shantha @ Shanthamma and deceased Srinivas died in a road traffic accident occurred on 26.7.2015 due to the rash and negligent driving of the KSRTC bus by its driver. Even though the claimants claim that both deceased were earning Rs.10,000/- each per month by working as Tailors, they have not established the same by producing any documents. Therefore, considering the age of the deceased, their avocation as Tailors and year of accident as 2015, the income of both the deceased is assessed at Rs.8,500/- per month. Since both the deceased were unmarried, the Tribunal has rightly deducted 50% of their income towards personal expenses and has rightly applied multiplier of ‘18’. Further, as per the decision of the Hon’ble Supreme Court in the case of Pranay Sethi (stated supra), if the deceased was self-employed or on a fixed salary, an addition of 40% of the established income should be added towards loss of future prospects where the deceased was below the age of 40 years. Hence, the compensation under the head of "loss of dependency" in both the cases needs to be recalculated. The same is calculated as under:
8. For the reasons stated above, both the appeals are partly allowed. The judgment and award dated 8.9.2016 passed by the XIII Addl. Small Cause Judge & Member, MACT, Bengaluru in MVC Nos.3282/2015 and 3283/2015, stands modified.
IN MFA 7355/2016 The claimants in MVC 3282/2015 (deceased Shantha @ Shanthamma) are entitled to receive the following compensation:
Compensation under different Heads Amount in (Rs.) Loss of dependency 12,85,200 Funeral expenses 50,000 Loss of estate 75,000 Loss of love and affection 30,000 Total 14,40,200 IN MFA 7356/2016 The claimant in MVC 3283/2015 (deceased Srinivas) is entitled to receive the following compensation:
9. The KSRTC is directed to deposit the entire compensation amount with interest @ 9% per annum from the date of filing of the claim petition, till the date of realization, within a period of four weeks from the date of receipt of the certified copy of this judgment in both the cases.
The apportionment of the amount shall be made in accordance with the directions of the learned Tribunal.
Sd/- JUDGE DM