Karnataka High Court
Sri. S. Raja vs The Managing Director on 6 December, 2021
Bench: Sachin Shankar Magadum
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
M.F.A NO. 5013 OF 2016(MV-D)
BETWEEN:
1. SRI. S. RAJA
S/O LATE SANDANAPATHI,
AGED ABOUT 41 YEARS
2. R. SWATHI
D/O. S. RAJA,
AGED ABOUT 10 YEARS
3. R. NANCY
D/O. S. RAJA,
AGED ABOUT 18 YEARS
4. R. MICHEEL PAVAN
S/O. S. RAJA,
AGED ABOUT 16 YEARS
THE APPELLANT NO.3 & 4 BEING MINOR,
REPT. BY THEIR FATHER S. RAJA,
THE NATURAL GUARDIAN.
ALL THE PETITIONERS ARE
R/AT NO. 18/16, OLD NO.313,
LAKSHMANAPURI, GANDHINAGAR,
BANGALORE-560 009.
...APPELLANTS
(BY SRI.SHRIPAD V SHASTRI, ADVOCATE)
2
AND:
THE MANAGING DIRECTOR
BMTC, CENTRAL OFFICE,
K.H. ROAD, SHANTHINAGAR,
BANGALORE-560 027.
...RESPONDENT
(BY SRI.D VIJAY KUMAR, ADVOCATE)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED: 27.01.2016 PASSED
IN MVC NO.126/15 ON THE FILE OF THE 3RD ADDITIONAL
SENIOR CIVIL JUDGE, MEMBER OF MACT, COURT OF
SMALL CAUSES, MACT, BENGALURU, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The captioned is filed by the claimants seeking
enhancement of compensation.
2. The appellants are the husband and
children of one Pushpa who died in a road traffic
accident dated 9.11.2014. The appellant filed the
claim petition by specifically contending that the
deceased was doing saree business and earning
Rs.20,000/- per month and therefore claimed
compensation of Rs.30,00,000/-.
The appellants to substantiate their claim
examined the husband of the deceased as PW1 and
relied on documentary evidence as per Exs.P1 to 6.
The Tribunal having accessed the oral and
documentary evidence was of the view that the
appellants have not produced any income proof and
therefore, assessed the income of the deceased
notionally at Rs.7,000/- and by adding 50% towards
the future prospects has awarded Rs.13,50,000/-
towards loss of dependency and Rs.1,20,000/- under
conventional heads. In all the Tribunal has awarded a
sum of Rs.14,70,000/- with 9% interest from the date
of petition till its realisation. .
3. Heard the learned counsel of the appellant
and the learned counsel of the respondent-BMTC.
4. On re-appreciation of oral and documentary
evidence though this Court cannot find fault with the
finding recorded by the Tribunal in assessing the
income of the deceased notionally, however having
regard to the date of the accident, this Court is of the
view that the income assessed notionally by the
Tribunal appears to be marginally on lower side. In
the absence of income proof, by placing reliance on
the chart prepared by the Legal services authority, the
income is assessed at Rs.8,500/-. By adding 40%
towards future prospects, the income is determined at
Rs.11,900/-. After deducting 1/4th towards personal
expenses, the income is taken at Rs.8,925/-. By
applying the multiplier of 15, the compensation
payable under the head of loss dependency is re-
determined at Rs.16,06,500/-(Rs.8,925x12x15).
Since there are four dependants, by applying the
principles laid down in the case of Magma General
Insurance vs Nanu Ram & Ors.1 Rs.1,90,000/- is
awarded under the conventional heads.
Thus, the total compensation re-determined by
this Court works out to Rs.17,96,500/- as against
Rs.14,70,000/- awarded by the Tribunal.
5. Accordingly, the appeal is allowed in part.
The impugned judgment and award dated 27.1.2016
passed in MVC.No.126/2015 by the III Additional
Senior Civil Judge and MACT, Bengaluru(SCCH-18) is
modified. The appellants are held entitled to enhanced
compensation of Rs.3,26,500/- with interest at the
rate of 6% per annum from the date of petition till its
realisation.
Sd/-
JUDGE
*alb/-.
2018 ACJ 2782
