IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE MFA NO.109/2013 (MV) BETWEEN 1.SRI RANGACHARI S/O VENKARAMANA AGED ABOUT 47 YEARS 2.SMT. MANJULA W/O RANGACHARI AGED ABOUT 42 YEARS BOTH ARE R/AT 4TH CROSS NEAR NEW PUBLIC SCHOOL ASHWINI EXTENSION CHINTHAMANI TOWN CHICKBALLAPURA DISTRICT (BY SMT. SUGUNA R. REDDY, ADVOCATE) AND MANAGING DIRECTOR KARNATAKA STATE ROAD TRANSPORT CORPORATION K.H. ROAD, SHANTHINAGAR BENGALURU - 27 ... APPELLANTS ... RESPONDENT (BY SMT. SUMANGALA A. SWAMY, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.03.2011 PASSED IN MVC NO.1633/2010 ON THE FILE OF THE JUDGE AND MEMBER MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT A claim petition was filed by the legal representatives of the deceased R.Rashmi @ Ramya under Section 163-A of the Motor Vehicles Act, 1988 in MVC No.1633/2010 claiming compensation for the death of their daughter in an accident.
2. It is the case of the appellants that on 30.01.2010 at about 1.30 p.m., when the deceased was riding bicycle on the left side of the road near Niveditha College on Double Road, Chintamani Town, a KSRTC bus bearing registration No.KA-07-F-986 came in a rash and negligent manner and dashed first against a pedestrian lady and thereafter, the driver lost control and then dashed against the bicycle resulting in the death of the deceased. The deceased was a minor aged about 17 years at the time of accident.
3. The Tribunal, relying on the decision of the Hon’ble Supreme Court in MANJUDEVE AND ANOTHER vs MUSAFIR PASWAN AND ANOTHER (2005 ACJ 1999), by its order dated 15.03.2011, awarded total compensation of Rs.2,25,000/-. Being not satisfied, the claimants have come up in this appeal for enhancement of compensation.
4. Learned counsel for the appellants has placed reliance on a decision in the case of Kishan Gopal and another vs Lala and others ([2014]1 SCC 244) wherein the Hon’ble Supreme Court, in similar circumstances, has taken notional income of the deceased at Rs.30,000/- under Schedule II and by adopting 15 multiplier, has awarded a sum of Rs.4,50,000/-. Further, a sum of Rs.50,000/- was awarded under the conventional heads towards loss of love and affection, funeral expenses and last rites.
5. Learned counsel for the respondent supports the order passed by the Tribunal and prays for dismissal of the appeal.
6. I have heard learned counsel for the parties and have gone through the judgment relied upon by learned counsel for the appellants.
7. It is relevant to extract para 39 of the judgment in Kishan Gopal (supra) as under:
“39. In view of the aforesaid reasons, it would be just and reasonable for us to take his notional income at Rs.30,000 and further taking the young age of the parents, namely, the mother who was about 36 years old, at the time of accident, by applying the legal principles laid down in Sarla Verma v. DTC, the multiplier of 15 can be applied to the multiplicand. Thus, 30,000 x 15 = 4,50,000 and 50,000 under conventional heads towards loss of love and affection, funeral expenses, last rites as held in Kerala SRTC v. Susamma Thomas, which is referred to in Lata Wadhwa case and the said amount under the conventional heads is awarded even in relation to the death of children between 10 to 15 years old. In this case also we award Rs.50,000 under conventional heads. In our view, for the aforesaid reasons the said amount would be fair, just and reasonable compensation to be awarded in favour of the appellants.”
8. On the same lines, this appeal is allowed in part.
The award of the Tribunal is modified by taking notional income of the deceased at Rs.30,000/- and by applying multiplier of 15. Further, a sum of Rs.50,000/- is awarded under the conventional heads. Thus, the claimants are entitled for total compensation of Rs.5,00,000/- with interest @6% p.a.
9. It is submitted that the respondent has already paid a sum of Rs.50,000/- to the appellants after the accident. The said amount shall be deducted while calculating interest.
It is further ordered that interest shall be denied to the extent of delay of 488 days in filing the appeal.
Apportionment of the award amount and direction regarding deposit shall be made as per the order of the Tribunal.
The amount in deposit, if any, is directed to be transferred to the MACT.
Sd/-
ACTING CHIEF JUSTICE bkv