IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4th DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO M.F.A No.806/2019 (MV) C/W M.F.A.NO.3747/2019 (MV) IN M.F.A.NO.806/2019:
BETWEEN:
1. Smt. Lalitha, W/o late Ravindra Biradar @ Ravindra Aged about 39 years 2. Ajay S/o late Ravindra Biradar @ Ravindra Aged about 21 years.
3. Bhavani D/o late Ravindra Biradar @ Ravindra Aged about 18 years.
Since not completed since date of birth on 28.09.2001 4. Jhumma Bai W/o late Kanteppa Aged about 66 years All are residing at 9th main 19th B Cross, Yelahanka New Town, Bangalore.
(By Sri. Shripad V Shastri, Advocate ) …Appellants AND:
The Divisional Manager, BMTC Division, K.H. Road, Shanthinagar, Bangalore-27. …Respondent This Miscellaneous First Appeal is filed under Section 173(1) of M.V. Act against the judgment and award dated 03.12.2018 passed in MVC No.880/2018 on the file of the XIII Additional Judge, Court of Small Causes and Member of MACT, (SCCH-15), Bengaluru, partly allowing the claim petition for compensation and seeking enhancement of compensation.
IN M.F.A.NO.3747/2019:
BETWEEN:
The Managing Director, Bangalore Metropolitan Transport Corporation, Central Offices, K.H.Road, Shanthinagar, Bangalore – 560 027. … Appellant (By Sri D VijayaKumar, Advocate) AND:
1. Smt. Lalitha, W/o late Ravindra Biradar @ Ravindra Aged about 39 years 2. Ajay S/o late Ravindra Biradar @ Ravindra Aged about 21 years.
3. Kum.Bhavani D/o late Ravindra Biradar @ Ravindra Aged about 18 years.
4. Jhumma Bai W/o late Kanteppa Aged about 66 years All are residing at No.9th main 19th B Cross, Yelahanka New Town, Bangalore.
…Respondents This Miscellaneous First Appeal is filed under Section 173(1) of M.V. Act against the judgment and award dated 03.12.2018 passed in MVC No.880/2018 on the file of the XIII Additional Judge, Court of Small Causes & Member, MACT, Bengaluru (SCCH-15), awarding compensation of Rs.49,66,976/- with interest @ 6% p.a. from the date of petition till realization.
These Miscellaneous First Appeals coming on for Admission, this day, the Court delivered the following:
JUDGMENT These two appeals are directed against the judgment and award dated 03.12.2018 in M.V.C. No.880/2018 passed by the Motor Accident Claims Tribunal, Bengaluru, wherein the dependants of one Ravindra Biradar @ Ravindra, who are the appellants in MFA No.806/2019 filed the claim petition in respect of a road traffic accident occurred on 29.1.2018 at 7.40 p.m. on Tumkur - Bangalore N.H.-4 Service Road at Malaki Bus Stop. The claim petition came to be allowed in part and an amount of Rs.49,66,976/- came to be awarded together with interest at the rate of 6% p.a. from the date of the petition till realization.
2. Insofar as MFA No.3747/2019 is concerned, the Managing Director, B.M.T.C., has preferred this appeal seeking to set aside the judgment and award passed by the Tribunal by contending that the award passed is excessive and MFA No.806/2019 is filed by the claimants seeking enhancement of the compensation.
3. In order to avoid confusion and overlapping, the parties are referred in accordance with their status as stood in the claim petition before the Tribunal.
4. The details of the road traffic accident are that on 29.01.2018 at about 7.40 p.m. one Ravindra Biradar @ Ravindra son of late Kanteppa was trying to board the BMTC bus bearing Registration No. KA-57/F-2838 on Tumkur-Bangalore N.H.- 4 Service Road at Malaki Bus Stop, some of the passengers were boarding into the bus, Ravindra Biradar was also trying to board the bus, at that time, without seeing Ravindra Biradar and also without the signal of the conductor of the bus, the driver moved the bus, because of which Ravindra Biradar lost control over the grip, fell down and then the rare wheel of the bus ran over him, as a result of which, he sustained grievous injuries and was taken to hospital where the doctor declared that Ravindra was brought dead. The claimants are stated to be the wife viz., Smt. Lalitha , son, daughter and mother of the deceased have preferred claim petition under Section 166 of the Motor Vehicles Act seeking compensation.
Learned member considering the oral evidence of Pws.1 and 2, Rws. 1 and 2 and documentary evidence of Exs.P1 to 19, allowed the petition in part awarding the compensation as stated above.
5. Sri. D Vijaya Kumar, learned counsel appearing for the BMTC would submit that the complainant is examined as PW2 is not an eye witness and she has admitted that she has not seen the occurrence of the accident nor she knows how the accident had occurred. Learned counsel would further submit that there are no eye witnesses to the accident. There is no true or proper account to the occurrence of the accident.
6. Learned counsel Sri. Shripad Shastri appearing for the claimants in MFA No.806/2019 would submit that the deceased Ravidra Biradar was a Government Servant, working in the Excise Department, and drawing a net salary of Rs.26,882/-. Learned counsel would further submit that the deduction in respect of personal expenses of the deceased is maintained at 1/3 despite the fact that the dependants are four in number i.e., widow, two children and mother of the deceased and learned counsel submits that the deductions should have been 1/4th.
7. Learned counsel for the BMTC would submit that the income of the deceased taken by the tribunal is on the higher side and further contend that due to the contributory negligence of the deceased i.e., Ravindra Biradar @ Ravindra, author, the accident has occurred. As such, the claimants are not entitled for any compensation.
8. Learned counsel for the BMTC would contend that the deceased was not an employee of the Government department; on the other hand he was working in a private undertaking. Learned counsel for the BMTC would also submit that at the time of accident claimant No.2 was aged about 20 years and to the said effect the judgment and award requires modification.
The bone of contention is regarding quantum only.
9. The salary slip is made available for perusal. It is seen that the salary certificate is issued by the Government of Karnataka and its title is Salary Slip for the month of January 2018, and the department is stated as Excise Department and basic salary is stated at Rs.21,600/-, D.A.-Rs.9774/-, HRA Rs.2,160/- and the gross salary is stated at Rs.33,634/-. However, Rs.200/- towards professional tax, and Rs.120/- towards GIS are deducted, rest of the deductions are with regard to GPF and KGID for savings. Thus, I am satisfied to the effect that the deceased was a Government Employee.
10. The next point is loss of dependency. In this connection learned member has considered the monthly income on the basis of the salary at Rs.33,634/-. AT the time of the accident the deceased was about 45 years and 30% of the salary i.e., 10,090/- is added as future prospectus and gross amount comes to Rs.43,723/-. It is a well settled legal principle and consensus that for the personal and living expenses in case of death of a married family holder should be 1/4th, in which event the compensation reckoned appears to be on the lower side. Therefore, the fair and just compensation would be as under:
1. Loss of dependency ... Rs.55,09,224/- (Rs.32,793 X 12 X 14) 2. Loss of consortium ... 40,000/-
3. Loss of estate … 15,000/-
4. Transportation of dead body and Funeral Expenses … 15,000/-
TOTAL … 55,79,224 11. In the result, compensation of Rs.55,79,224/- is granted under different heads as stated above together with interest at 6% p.a. from the date of petition till realization. Thereby the enhanced compensation comes to Rs.6,12,248/-. The interest rate granted by the tribunal is undisturbed.
12. Accordingly, M.F.A. No.3747/2019 filed by the BMTC., is dismissed.
M.F.A.No.806/2009 filed by the claimants is allowed in part. The impugned judgment and award in its present shape is set aside for the purpose of modification and the compensation is enhanced by Rs.6,12,248/- along with interest at the rate of 6% p.a. from the date of petition till realization.
The petitioners and respondent both shall file a memo on the income tax amount to be deducted and balance amount to be payable duly certified within 10 days for deducting income tax at source. Both the appeals are disposed of accordingly.
The amount in deposit in MFA No.3747/2019 shall be transmitted to the jurisdictional Tribunal forthwith.
Sd/- JUDGE psg*