IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MRS.JUSTICE S.SUJATHA AND THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ M.F.A. No.6898/2013 [MV] BETWEEN :
1. Smt.Sakamma w/o late K S Rudrappa Aged about 46 years.
2. K R Narappa s/o late K S Rudrappa Aged about 28 years.
3. K R Pradeep S/o late K S Rudrappa Aged about 26 years.
All are r/o Jammenahalli village Chitradurga Taluk and District. .. Appellants (By Sri R Shashidhara, Advocate) AND 1. The Managing Director KSRTC, Shanthi Nagar K H Double Road Bangalore-560002 (owner of bus KA 42/F1032) 2. The Chairman Internal Security Fund KSRTC, Shanthinagar K H Double road, Bangalore-560002.
3. The Depot Manager KSRTC Depot Chitradurga – 577501. .. Respondents (By Sri K Nagaraj, Advocate) This MFA is filed u/s 173(1) of MV Act against the judgment and award dated 16/3/2012 passed in MVC.No.302/2012 on the file of the Senior Civil Judge (Sr.Dn.), Additional MACT-4, Chitradurga, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This M.F.A. coming on for final hearing this day, the S.SUJATHA J, delivered the following:
J U D G M E N T This appeal is directed against the judgment and award dated 16/3/2012 passed by the Senior Civil Judge (Sr.Dn.), Additional MACT-4, Chitradurga [the ‘Tribunal’, for short] in MVC.No.302/2012, invoking Section 173(1) of the Motor Vehicles Act, 1988 (for short `Act’).
2. The claimants being the legal representatives of the deceased Rudrappa, had filed a claim petition under Section 166 of the Act before the Tribunal claiming compensation on account of the death of Rudrappa in the road traffic accident which occurred on 29.4.2012. It was contended that the said road traffic accident was caused due to actionable negligence of the driver of KSRTC bus bearing Regn. No.KA-42/F-1032, while the victim, Rudrappa, was riding the vehicle bearing Regn. No.KA-16/J-382. On considering the claim petition, the Tribunal awarded a total compensation of Rs.4,86,000/- with interest at 6% per annum from the date of petition till the date of realization and deducted 25% towards contributory negligence on the part of the rider of the motorcycle, i.e. the deceased, Rudrappa. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the claimants are in appeal.
3. The factum of accident resulting in the death of Rudrappa is not in dispute. The contributory negligence at 25% fixed on the deceased rider, Rudrappa is also not disputed. The challenge is with respect to the quantum of compensation awarded under different heads placing reliance on the judgment of the Hon’ble Apex Court in the case of National Insurance Co. Ltd. –vs- Pranay Sethi and others reported in AIR 2017 SC 5157 as well as the Magma General Insurance Co. Ltd. –vs- Nanu Ram and others reported in 2018 ACJ 2782. Learned counsel for the appellants submits that the claimants are entitled to higher compensation.
4. Learned counsel for the respondents/KSRTC does not dispute the settled legal position of law insofar as awarding of compensation in the case of death in the road traffic accident.
5. In the light of the judgments of the Hon’ble Apex Court referred to above, the claimants are entitled to higher compensation and the same has to be computed as under:
6. The deceased was aged about 50 years at the time of accident. On considering the date of the accident i.e., 29.4.2012, monthly income has to be reckoned as Rs.7,000/- which is generally adopted in the absence of the proof of income. Applying the same, the annual income would workout to Rs.84,000/-, 10% towards future prospects is liable to be awarded and the annual income would workout to Rs.92,400/-. Deducting 1/3rd of the income towards personal expenses of the deceased, the same would workout to Rs.61,600/-. Considering the age of the deceased and applying the multiplier 13, the loss of dependency works out to Rs.8,00,800/-.
7. Considering the judgments of the Hon’ble Apex Court in the case of Pranay Sethi and others, supra as well as in the case of Magma General Insurance Co. Ltd. supra, the compensation shall be awarded at Rs.70,000/- under the head `loss of consortium, loss of estate, funeral, transportation and other expenses. However, the claimants are also entitled to compensation of Rs.50,000/- towards loss of love and affection in view of the Magma’s case.
8. The compensation awarded by the Tribunal under the different heads is modified as under:
Particulars Amount Loss of Dependency Rs. 8,00,800/-
9. The total compensation shall be fixed at Rs.9,20,800/-. Deducting 25% towards contributory negligence as determined by the Tribunal, the claimants shall be entitled to Rs.6,90,600/-. The Tribunal has awarded 75% of compensation of Rs.4,86,000/- to which the claimants are entitled and in view of enhancement of compensation, the claimants shall be entitled to difference amount of Rs.3,26,100/- which shall carry interest at the rate of 6% from the date of petition till the date of realization.
10. The liability, apportionment and disbursement of compensation amount shall be in terms of the order of the Tribunal.
Appeal stands disposed of, as indicated above.
Sd/- JUDGE bkm Sd/- JUDGE