IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2019 BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL NO.8474 OF 2015 [MV] C/W.
MISCELLANEOUS FIRST APPEAL NO.8475 OF 2015 [MV] IN MFA NO.8474/2015:
BETWEEN THE MANAGING DIRECTOR, BANGALORE CENTRAL OFFICES, K.S.R.T.C., DEPOT, K.H. ROAD, SHANTHINAGAR, BENGALURU-560 027.
NOW BY THE MANAGING DIRECTOR, NWKRTC., CENTRAL OFFICES, GOKUL ROAD, HUBLI-580 030.
REPRESENTED BY ITS CHIEF LAW OFFICER, ... APPELLANT [BY SRI. F.S.DABALI, ADVOCATE] AND 1. SMT. VENKATAMMA, W/O. LATE NARASIMHAPPA, AGED ABOUT 39 YEARS, RESIDING AT, SIDDARTH NAGAR, WARD NO.9, SHIDLAGATTA, CHIKKABALLAPURA DISTRICT-562 105.
SINCE DECEASED BY HER LR’S:
1(a) MANJU, S/O. LATE NARASIMHAPPA, AGED 26 YEARS, 1(b) SMT. SAVITHRAMMA, W/O. LATE PRAKASH , AGED 27 YEARS, 1(c) MASTER NARASIMHA, S/O. LATE PRAKASH, AGED 12 YEARS, 1(d) KUM. MEGAMALA, D/O. PRAKASH, AGED ABOUT 10 YEARS, SINCE RESPONDENT NOS.1(c) & (d) ARE MINORS, REPRESENTED BY THEIR MOTHER - RESPONDENT NO.1(b).
ALL ARE R/A SIDDARTHA NAGAR, WARD NO.9, SHIDLAGATTA DISTRICT, CHIKKABALLAPUR-562 105. ... RESPONDENTS [BY SMT. SARITHA, ADVOCATE FOR SRI. S.B.SRINIVASA, ADVOCATE FOR R1 (a-b). SINCE R1(c-d) ARE MINORS, REPRESENTED BY R1(b)] THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.08.2015 PASSED IN MVC NO.3931/2014 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE AND XXXIV ACMM, COURT OF SMALL CAUSES AND MEMBER, MACT-7, BANGALORE AWARDING COMPENSATION OF RS.10,17,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DEPOSIT.
* * * IN MFA NO.8475/2015:
BETWEEN THE MANAGING DIRECTOR BANGALORE CENTRAL OFFICES, KSRTC DEPOT, K.H.ROAD, SHANTHINAGAR, BENGALURU-560027.
NOW BY THE MANAGING DIRECTOR, NWKRTC., CENTRAL OFFICES, GOKUL ROAD, HUBLI-580030.
REPRESENTED BY IT’S CHIEF LAW OFFICER. ... APPELLANT [BY SRI. F.S.DABALI, ADVOCATE] AND 1. SMT. VENKATAMMA, W/O. VENKATESH @ VENKATESHAPPA, AGED ABOUT 36 YEARS, 2. VENKATESH @ VENKATESHAPPA, S/O. LATE MUNIYAPPA, AGED ABOUT 41 YEARS, BOTH ARE RESIDING AT SIDDARTH NAGAR, K.E.B.ROAD, WARD NO.7, SHIDLAGATTA, CHIKKABALLAPURA, DISTRICT-562 105. ... RESPONDENTS [BY SMT. SARITHA, ADVOCATE FOR SRI. S.B.SRINIVASA, ADVOCATE.] THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:12.08.2015 PASSED IN MVC NO.3930/2014 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, XXXIV ACMM, COURT OF SMALL CAUSES AND MEMBER, MACT-7, BENGALURU, AWARDING THE COMPENSATION OF RS.9,68,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL PAYMENT.
* * * THESE MFAs COMING ON FOR FINAL HEARING, THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT These appeals are filed by the KSRTC., challenging the Judgment and Award dated 12.08.2015 passed by IX Additional Small Causes and Additional MACT., Bengaluru [SCCH-7] in MVC No.3931/2014 and MVC No.3930/2014 respectively.
2. MFA No.8474/2015 is arising out of MVC No.3931/2014 and MFA No.8475/2015 is arising out of MVC No.3930/2014.
3. I have heard the learned counsel Sri. F.S.Dabali, appearing for the appellant/KSRTC and Smt. Saritha, learned counsel appearing for the respondents/claimants in both the appeals.
4. Briefly stated the facts of the cases are that;
On 31.05.2014 at about 1.30 a.m., deceased Lokesh N. was riding a motorcycle bearing reg. No.KA-34/R-3096 along with a pillion rider viz., Anil Kumar V @ Anil V from Bengaluru towards Davanagere on Bengaluru-Poona [NH-4] Road. When they reached SJMIT Circle, Chitradurga, at that time the driver of the KSRTC bus bearing reg. No.KA-42/F-1130 who was driving the said bus from Davanagere side suddenly drove the same in a rash and negligent manner and came to the extreme right side and while taking right turn towards Chitradurga town, dashed against the motorcycle. Consequent to it, both the rider and the pillion rider sustained grievous injuries all over the body and the rider Lokesh N., died at the spot and the pillion rider Anil Kumar V @ Anil V died at 3.45 a.m. in the District Hospital, Chitradurga, while undergoing treatment.
The parents of the deceased Anil Kumar V @ Anil V., filed a claim petition in MVC No.3930/2014 and the mother of deceased Lokesh N., filed a claim petition in MVC No.3931/2014.
The Tribunal after considering the oral and documentary evidence on record awarded a total compensation of Rs.9,68,000/- in MVC No.3930/2014 and Rs.10,32,000/- in MVC No.3931/2014 with interest at 6% p.a.
The Tribunal held that the accident occurred due to the rash and negligent manner of driving of the KSRTC bus by its driver and accordingly held that the KSRTC is liable to pay the compensation to the claimants.
5. The learned counsel appearing for the appellant/KSRTC would contend that the accident has occurred on account of the contributory negligence on the part of the rider of the motorcycle. He submits that the bus had already passed through the major portion of the road and while it was entering Chitradurga Town, during that time the motorcycle came negligently without slowing down at the junction point and dashed to the front left side of the bus. He submits that the width of the road was 30 ft. from the road median and the bus had stopped at the distance of 25 ft. from the road median towards the southern side and therefore, the rider of the motorcycle, who came from the eastern side to the western side ought to have seen the bus taking a right turn and ought to have been cautious in riding the motorcycle. He contends that the finding recorded by the Tribunal holding that the driver of the bus is solely responsible for the accident is not proper. The learned counsel further submits that the Tribunal has taken the income of both the deceased as Rs.9,000/- p.m. and added another 50% to their income towards future prospects which is not proper and therefore, submits that the total compensation awarded by the Tribunal is also on the higher side.
6. The learned counsel appearing for the claimants would contend that the accident has occurred at about 1.30 a.m. and the bus driver has taken a sudden right turn at the junction to go to Chitradurga town and the motorcycle was coming from Bengaluru side and it was going towards Davanagere. She submits that the bus driver ought to have been careful while taking right turn at the junction and the accident has occurred solely on account of the rash and negligent driving of the KSRTC bus by its driver. She submits that the total compensation awarded by the Tribunal is proper and accordingly, seeks to dismiss the appeals filed by the KSRTC.
7. The claimants have produced Ex.P1-copy of the FIR., Ex.P2-copy of the complaint, Ex.P3-copy of the further statement of the first informant Sri. Muninarasappa, Ex.P4- copy of the spot panchanama and Ex.P10-copy of the charge- sheet.
8. A perusal of Ex.P1 goes to show that the complaint was lodged by one Muninarasappa against the driver of the KSRTC bus which came to be registered on 31.05.2014 at 7.00 a.m. A perusal of Ex.P4-spot panchanama goes to show that the bus was coming from Davanagere side and the motorcycle was coming from Bengaluru side on NH-4. The accident spot is at SJMIT Circle. At the spot of the accident the width of the road is about 30 ft. A perusal of the spot mahazar-Ex.P4 as well as the spot sketch Ex.P7 goes to show that the bus which was coming from Davanagere side was taking right turn towards Chitradurga town and the motorcycle which was coming from Bengaluru side was moving straight towards Davanagere.
Therefore, it can be safely concluded that at the junction while the bus was taking a right turn towards Chitradurga Town, the accident has occurred. The driver of the bus was taking right turn and before taking such a turn on a national highway, he should have been very careful and it is the duty of the driver of the bus to be too cautious and to see as to whether any vehicle is passing through the highway. The sketch also discloses that the motorcycle was on its proper side i.e., on the left side of the road and the accident has occurred on account of the driver of the bus taking right turn towards Chitradurga Town.
9. It is the contention of the learned counsel for the appellant/KSRTC that the bus had almost crossed the road and at that time the motorcycle came and dashed against the bus. However, it is clear from the sketch that the motorcycle was on its proper side and it is the driver of the bus while taking right turn came to the other side of the road which has resulted in the accident. The learned counsel for the appellant/KSRTC would contend that in the criminal case filed against the driver of the bus, he was acquitted and therefore, it cannot be said that he was rash and negligent in driving the bus. However, as observed by the Tribunal, the acquittal was on the ground of hostility on the part of the witnesses. Therefore, it cannot be said that the same is a ground to hold that the driver was not rash and negligent in driving the bus and the accident has not occurred on account of the fault of the rider of the motorcycle. The appellant has failed to establish that the rider of the motorcycle was also rash and negligent in riding the motorcycle and that he has also contributed to the accident in question.
10. The learned counsel for the appellant contended that the Tribunal after assessing the income of the deceased persons at Rs.6,000/- each per month has added another 50% of their income towards future prospects. It is seen that the Tribunal after assessing the income of the deceased persons at Rs.6,000/- each per month and in both the cases added another Rs.3,000/- each i.e., 50% of the income towards future prospects which may not be proper.
11. The age of the deceased as determined by the Tribunal is 26 years in respect of Anil Kumar V @ Anil V and 21 years in respect of Lokesh N. In view of the law laid-down by the Hon’ble Apex Court in the cases of National Insurance Company Vs. Pranay Sethi and others reported in AIR 2017 SC 5157 and Magma General Insurance Co. Ltd. Vs. Nanu Ram reported in 2018 ACJ 2782 an additional 40% has to be made towards future prospects. Hence, the Tribunal erred in adding 50% to the income of the deceased persons towards future prospects while calculating the loss of dependency.
12. Both the deceased are bachelors. The age of the deceased viz., Anil Kumar V @ Anil V., in MVC No.3930/2014 has been determined as 26 years and therefore, applying ‘17’ as the multiplier and adding 40% towards income of the deceased towards future prospects and deducting 50% towards personal expenses, the claimants are entitled for a sum of Rs.8,56,800/- [Rs.6,000 + 2,400 = Rs.8,400 – 4,200 = Rs.4,200 x 12 x 17] as against Rs.9,18,000/- towards loss of dependency.
13. The age of the deceased viz., Lokesh N., in MVC No.3931/2014 has been determined as 21 years and therefore, applying ‘18’ as the multiplier and adding 40% towards income of the deceased towards future prospects, and deducting 50% towards personal expenses, the claimants are entitled for a sum of Rs.9,07,200/- [Rs.6,000 + 2,400 = Rs.8,400 – 4,200 = Rs.4,200 x 12 x 18] as against Rs.9,72,000/- awarded towards loss of dependency. Compensation awarded under other heads in both the cases is undisturbed.
Hence, the claimants in MVC No.3930/2014 [MFA No.8475/2015] are entitled for a sum of Rs.9,21,800/- as against Rs.9,83,000/- awarded by the Tribunal. The claimants in MVC No.3931/2014 [MFA No.8474/2015] are entitled for Rs.9,67,200/- as against Rs.10,32,000/- awarded by the Tribunal. Accordingly I pass the following:
ORDER Both the appeals are allowed in part.
The claimants in MVC No.3931/2014 [MFA No.8474/2015] are entitled for Rs.9,67,200/- as against Rs.10,32,000/- awarded by the Tribunal with interest at 6% p.a.
The claimants in MVC No.3930/2014 [MVC No.8475/2015] are entitled for Rs.9,21,800/- as against Rs.9,83,000/- awarded by the Tribunal with interest at 6% p.a.
The interim compensation if any awarded by the Corporation shall be deducted from the total compensation. The amount in deposit in both the cases shall be transmitted to the Tribunal.
In MVC No.3931/2014 [MFA No.8474/2015] the compensation shall be apportioned amongst respondent Nos.1(a),(b),(c) and (d) in the ratio of 50:30:10:10. The share of the minor shall be invested in a Fixed Deposit in any Nationalized bank for a period of 10 years or until they attained the age of majority.
The interest accrued on the Fixed Deposit amount shall be permitted to be withdrawn by the mother Smt. Savithramma for education requirement of the minor children.
In MVC No.3930/2014 [MFA No.8475/2015] the apportionment and disbursement of compensation shall be in terms of the Award passed by the Tribunal.
The Corporation is directed to deposit the compensation amount within a period of four weeks from the date of receipt of a copy of this Judgment.
Sd/- JUDGE.
Ksm*