IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S.G.PANDIT M.F.A.No.5995/2014 [MV] BETWEEN:
1. RAMANNA B S/O OBAIAH AGED ABOUT 55 YEARS 2. SMT. SUBBAMMA W/O RAMANNA AGED ABOUT 51 YEARS 3. MEENA B D/O RAMANNA AGED ABOUT 21 YEARS APPELLANTS ARE ALL R/AT YETIGADDA THIMMA PURA, M C PALLI POST RAMAGIRI MANDALAM ANANTHAPUR DISTRICT ANDRAPRADESH-515001.
NOW R/AT CARE OF AKKAYAMMA W/O SEENAPPA, 13TH WARD OPPOSITE KEB BOARD BAGEPALLI-561207 CHIKKABALLAPUR DISTRICT.
...APPELLANTS (BY SRI. N S BHAT, ADV.) AND:
THE MANAGING DIRECTOR A P S R T C REPRESENTED BY ITS DEPOT MANAGER PILER DEPOT CHITTOR DISTRICT-515631 ANDRAPRADESH.
…RESPONDENT (BY SRI.D VIJAYAKUMAR, ADV.) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.04.2014 PASSED IN MVC NO.5/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, CHICKBALLAPUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The appellants/claimants are in appeal not being satisfied with the quantum of compensation awarded under the judgment and award dated 10.04.2014 passed in MVC No.5/2011 on the file of the Senior Civil Judge and MACT, Chickballapur.
2. The claimants are parents and sister of one deceased Balaji. Claim petition was filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation for the death of Balaji in a Road Traffic Accident. It is stated that on 03.09.2010 when the claimant was proceeding to Thirupathi from Ananthapur in Maruthi Swift Car bearing Reg.No.KA- 01, MF-532 an APSRTC bus bearing Reg.No.AP-28-Z- 5582 driven by its driver in high speed rash, negligent manner and dashed to the claimants Car. As a result one Balaji @ Boyepalli Thippanna succumbed to the injuries. It is stated that the deceased was working as driver earning Rs.6,000/- per month. He was aged about 21 years as on the date of accident.
3. On issuance of summons, the respondent –Andhra Pradesh State Road Transport Corporation (for short ‘the Corporation’) appeared before the Tribunal and filed its objection denying the petition averments and contended that the accident occurred solely due to the negligence of the driver of the Car, who drove the vehicle in high speed, rash and negligent manner. He further stated that the compensation claimed is exorbitant and excessive. The 2nd claimant – mother of the deceased examined herself as PW.1 and marked the documents Exs.P1 to P9. On behalf of the respondent – driver of the bus was examined as RW.1, apart from marking six documents(photos). The Tribunal on appreciating the material on record awarded compensation of Rs.4,77,000/- with interest at 6% p.a. from the date of petition till the date of realization on the following heads :-
d. Towards loss of love and affection 30,000/-
Total Rs.4,77,000/-
While awarding the above compensation the Tribunal assessed the income of the deceased at Rs.4,000/- per month and applied the multiplier of ‘18’. Not being satisfied with the quantum of compensation awarded by the Tribunal, the appellants are before this Court in this appeal.
4. Heard the learned counsel for the appellants and learned counsel for the respondent - Corporation. Perused the entire material on record.
5. The learned counsel for the appellants would submit that the Tribunal assessed the income of the deceased at Rs.4,000/- per month, which is on the lower side. He submits that the deceased was working as driver, earning more than Rs.6,000/- per month. It is submitted that the accident is of the year 2010 and in those days even a coolie would have earned more than Rs.200/- per day. Further he submits that the compensation awarded on conventional head is on the lower side, for which the claimants would be entitled to a sum of Rs.30,000/-. It is his further submission that the claimant Nos.1 and 2 are parents of the deceased and would be entitled to Rs.40,000/- each on the head ‘filial consortium’ in terms of the decision in MAGMA GENERAL INSURANCAE COMPANY LIMITED v/s NANU RAM AND OTHERS reported in 2018 ACJ 2782 Thus prays for enhancement of compensation.
6. Per contra, the learned counsel for the respondent – Corporation would submit that the Tribunal has awarded just compensation which needs no interference. Further he submits that even though it is stated that the deceased was earning Rs.6,000/-
per month, no material is placed on record to substantiate their claim. Thus prays for dismissal of the appeal.
7. Having heard the learned counsels for the parties and on perusal of the material on record, the only point that arise for consideration is as to “Whether the claimants would be entitled for enhancement of compensation in the facts and circumstances of the case ?” Answer to the said point is in the affirmative for the following reasons :
The occurrence of the accident on 03.09.2010 involving Maruthi Swift Car bearing Reg.No.KA-01, MF- 532, and APSRTC Bus bearing Reg.No.AP-28-Z-5582 and the accidental death of Balaji, son of claimant Nos.1 and 2 are not in dispute in this appeal. The claimant’s appeal is for enhancement of compensation. It is stated that the deceased was working as driver, earning more than Rs.6,000/- per month. To establish that the deceased was working as driver Ex.P8 – driving license is produced. A perusal of Ex.P.8 indicates that the deceased possessed driving licence, but the claimants have not placed any material on record to indicate the exact income earned by the deceased. In the absence of any material to indicate the exact income, notional income will have to be assessed. This Court and Lok Adalath while settling the accident claims of the year 2010 would normally take notional income of Rs.5,500/- per month. In the instant case, in the absence of any material to indicate the exact income, it would be appropriate to take the monthly income at Rs.5,500/- for determining the compensation on the head ‘Loss of dependency’. The deceased was a bachelor and aged 21 years as on the date of accident. As per the decision of the Apex Court in the case of NATIONAL INSURANCE COMPANY LIMITED v/s PRANAY SETHI AND OTHERS reported in (2017) 16 SCC 680 the claimants would be entitled for a sum of Rs.30,000/- on conventional heads towards transportation of dead body and funeral expenses. Further the claimants 1 and 2 are parents of the deceased Balaji @ Boyepalli Thippanna. The appellants have lost love and affection and care of young son aged 21 years. They would be entitled to Rs.40,000/- each on the head ‘filial consortium’ as per the decision of the Hon’ble Apex Court in the case of MAGMA GENERAL INSURANCAE COMPANY LIMITED v/s NANU RAM AND OTHERS reported in 2018 ACJ 2782. Learned counsel contends that the Tribunal has failed to award any compensation on the head ‘future prospects’, which the claimants would be entitled. Further the Hon’ble Apex Court has made it clear in PRANAY SETHI’s decision cited supra, the claimants would be entitled for adding 40% of the assessed income towards future prospects, wherever the deceased was aged below 40 years. In the instant case, as the deceased was aged 21 years on the date of accident, the claimants would be entitled for adding 40% of the assessed income towards future prospects. Thus the claimants would be entitled for the following modified compensation:-
a. Loss of dependency including future prospects 8,31,600/-
(Rs.5,500 + 40% i.e., Rs.5,500 + 2,200 = Rs.7,700/- Rs.7,700/- less 50% = 3850/- Rs.3,850/- x 12 x 18 = 8,31,600/-
b. Transportation of dead body and Funeral expenses 30,000/-
c. Filial Consortium 80,000/- (Rs.40,000/- x 2) Total Rs.9,41,600/-
8. Accordingly, the appeal is allowed in part. The impugned judgment and award is modified and the claimants are entitled to enhanced compensation in a sum of Rs.9,41,600/- as against Rs.4,77,000/- awarded by the Tribunal with interest at 6% p.a. from the date of petition till the date of realization. The apportionment and deposit would be in the ratio as ordered by the Tribunal.
Sd/- JUDGE NG* CT:bms