IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MFA NO.4512 OF 2018 [MV] BETWEEN 1. SMT. LAKSHMIDEVAMMA, W/O. NANJUNDAPPA, AGED ABOUT 53 YEARS, 2. KALPANA, D/O. NANJUNDAPPA, AGED ABOUT 33 YEARS, BOTH ARE RESIDING AT CHANDRABHAVI VILLAGE, MEDIGESI HOBLI, MADHUGIRI TALUK.
... APPELLANTS (BY SRI. M.V. MAHESHWARAPPA, ADVOCATE) AND THE MANAGING DIRECTOR, KSRTC, K.H. ROAD, DOUBLE ROAD, SHANTHINAGAR, BENGALURU-560 027.
... RESPONDENT (BY SRI. S. RAJASHEKAR, ADVOCATE) THIS MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.01.2018 PASSED IN MVC NO.819/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & MACT, MADHUGIRI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHACEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION, THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though this appeal is listed for admission, the same is taken up for final disposal with the consent of learned counsel on both sides.
The appellants are the mother and sister of the deceased. The appeal is preferred by the claimants seeking enhancement of compensation awarded by the Tribunal in MVC No.819/2015 on the file of the Prl. Senior Civil Judge and MACT, Madhugiri, wherein the Tribunal has awarded a compensation of Rs.11,18,000/- with interest at 9% per annum, for the death of Ashoka, in a road traffic accident which took place on 30.05.2015, involving a KSRTC bus bearing registration No.KA-01-F-9173.
2. I have heard the learned counsel appearing for the appellants and the learned counsel appearing for the respondent / Corporation.
3. The Tribunal has awarded a total compensation of Rs.11,18,000/- with interest at 9% per annum from the date of petition till its realization.
4. The facts of the case in brief are that on 30.05.2015 at about 10.15 a.m., when the deceased Ashoka was rding his motor cycle on the left side of the road near the land of Chamappa, Pavagada – Madhugiri Main Road, a KSRTC bus bearing registration No.KA-01-F-9173 driven by its driver in a rash and negligent manner, dashed against the said motor cycle, which was ridden by the deceased, on account of which, he fell down and sustained injuries and on the way to the hospital, succumbed to the injuries.
5. The learned counsel for the appellants would contend that the deceased was doing contract work and also an agriculturist and having a total income of Rs.25,000/- per month. He would submit that the Tribunal has not taken into consideration the future prospects and the income taken is also on the lower side. Accordingly, seeks to enhance the compensation awarded by the Tribunal.
6. The learned counsel for the Corporation would vehemently contend that there is no satisfactory evidence adduced to establish that the deceased was a contractor and doing agricultural work and he was having an income of Rs.25,000/- per month. He would contend that the total compensation awarded by the Tribunal is just and proper and no enhancement is called for. Accordingly, seeks to dismiss the appeal.
7. The accident involving the KSRTC bus bearing registration No.KA-01-F-9173 owing to the rash and negligent driving on the part of its driver is not in dispute. According to the learned counsel for the appellants, the deceased was having an income of Rs.25,000/- per month. However, apart from the oral testimony of PW1 – mother of the deceased, there is no other acceptable and convincing evidence with regard to the income of the deceased. The Tribunal has taken the notional income of the deceased at Rs.9,000/- per month, which is just and proper. However, 40% of the income has to be added towards future prospects and after deducting 50% towards personal expenditure and by applying the multiplier of 17 which is applicable to the age of the deceased, the total sum for which the appellants are entitled towards loss of dependency would be Rs.12,85,200/- (Rs.6,300x12x17) as against Rs.9,18,000/- awarded by the Tribunal.
8. The appellants being the mother and daughter of the deceased, a sum of Rs.30,000/- is awarded towards loss of estate and towards funeral and transportation expenses. In view of the judgment of the Hon’ble Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi and others reported in 2017 ACJ 2700 and Magma General Insurance Co. Ltd., vs Nanu Ram and others reported in 2018 ACJ 2782, another sum of Rs.50,000/- is awarded towards loss of love and affection in modification of the award passed by the Tribunal under the said heads. In all, the appellants are entitled for a total compensation of Rs.13,65,200/- as against Rs.11,18,000/- awarded by the Tribunal. Accordingly, I pass the following:
ORDER The appeal is allowed in part.
The judgment and award dated 22.01.2018 passed by the Prl. Senior Civil Judge and MACT, Madhugiri, in MVC No.819/2015 is hereby modified.
The appellants are entitled for a total compensation of Rs.13,65,200/- as against Rs.11,18,000/- awarded by the Tribunal.
Sum of Rs.50,000/- paid by the respondent as interim compensation shall be deducted out of the total compensation awarded.
The enhanced compensation shall carry interest at 6% per annum from the date of petition till the date of realization.
The respondent – Corporation shall deposit the compensation amount within a period of four weeks from the date of receipt of a copy of this judgment.
Sd/- JUDGE snc