Karnataka High Court
Smt Saranya Sathish vs Karnataka State Road Transport on 28 June, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:24189
MFA No. 6932 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 6932 OF 2018 (MV-D)
BETWEEN:
1. SMT SARANYA SATHISH,
W/O LATE SATHISH M,
AGED ABOUT 29 YEARS,
R/AT NETAJI NAGAR,
RICHY ROAD,
NAMAKKAL DISTRICT,
TAMIL NADU STATE - 637 001.
2. MASTER SABARISH,
S/O LATE SATHISH M,
MINOR
REPRESENTED BY HIS MOTHER,
SMT SARANYA SATHISH HEREIN,
AGED ABOUT 7 YEARS,
R/AT NETAJI NAGAR,
RICHY ROAD, NAMAKKAL DISTRICT,
TAMIL NADU STATE - 637 001.
Digitally signed by
R HEMALATHA
3. MR V MANI,
Location: HIGH
COURT OF S/O MANI,
KARNATAKA R/AT NETAJI NAGAR, RICHY ROAD,
NAMAKKAL DISTRICT,
TAMIL NADU STATE - 637 001.
4. SMT RAJAMMA @ RASAMMA
@RAJAMMAL MANI,
W/O V MANI,
R/AT NETAJI NAGAR,
RICHY ROAD, NAMAKKAL DISTRICT,
TAMIL NADU STATE - 637 001.
...APPELLANTS
(BY SRI. GURUPRASAD B R.,ADVOCATE)
-2-
NC: 2024:KHC:24189
MFA No. 6932 of 2018
AND:
KARNATAKA STATE ROAD TRANSPORT
CORPORATION,
BEJAI, MANGALURU,
D.K-575 001.
REPRESENTED BY ITS MANAGING DIRECTOR
...RESPONDENT
(BY SMT. RADHA B P.,ADVOCATE)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 26/06/2015, PASSED IN MVC
NO.1821/201, ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL
JUDGE AND MEMBER, MACT, MANGALURU, D.K., PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal arises from the judgment and award dated 26.06.2015, issued by the Motor Accidents Claims Tribunal and II Additional Senior Civil Judge, Mangalore, D.K., in MVC.No.1821/2011.
2. I have heard learned counsel for the parties and thoroughly examined the Trial Court Records.
3. The claimants filed a petition under Section 166 of the Motor Vehicles Act, seeking fair and just compensation for the death of Sathish M, who passed away due to accidental injuries on 21.10.2011. At the time of the accident, the deceased was 26 years old. In the absence of evidence regarding his income, the notional income of the deceased is assessed at Rs.6,500/- per month, -3- NC: 2024:KHC:24189 MFA No. 6932 of 2018 based on the chart prepared by the Karnataka Legal Aid Services Authority, as opposed to the Rs.6,000/- assessed by the tribunal.
4. By adding 40% for future prospects and deducting 1/4th for personal and living expenses, and adopted multiplier of 17, the compensation awarded by the tribunal is reevaluated as follows:
SL Heads Amount in Rs.
No.
1. Loss of dependency 13,92,300-00
(Rs.6,500 + 40% = Rs.9,100 -
1/4th = Rs.6,825 x 12 x 17)
2. Loss of consortium 1,60,000-00
3. Loss of estate 15,000-00
4. Funeral expenses 15,000-00
Total compensation amount 15,82,300-00
Less: 11,34,000-00
Enhanced compensation 4,48,300-00
amount
5. Accordingly, I pass the following:
i) The appeal is allowed-in-part.
ii) The judgment of the Claims Tribunal is modified. The claimant is entitled for a total compensation of Rs.15,82,300/- as opposed to Rs.11,34,000/- awarded by the Tribunal.
iii) The enhanced compensation amount of Rs.4,48,300/-
(i.e.,Rs.15,82,300 - Rs.11,34,000) shall carry interest at -4- NC: 2024:KHC:24189 MFA No. 6932 of 2018 the rate of 6% per annum from the date of filing the petition till the date of realization.
iv) The claimants would be disentitled to the interest for the delayed period of 1062 days in filing this appeal.
To this extent, the impugned award stands modified.
Sd/-
JUDGE AM