Sri Venkataswamy vs The Managing Director
2021 Latest Caselaw 209 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 6TH DAY OF JANUARY, 2021

                        PRESENT

           THE HON'BLE MRS.JUSTICE S.SUJATHA

                           AND

            THE HON'BLE MR. JUSTICE M.I.ARUN

                 M.F.A.No.6028/2018 (MV)

BETWEEN :
1.      SRI VENKATASWAMY
        S/O VENKATARAMANAPPA
        AGED ABOUT 52 YEARS

2.      SMT.LAKSHMINARASAMMA
        @ NARASAMMA
        W/O VENKATASWAMY
        AGED ABOUT 45 YEARS
        BOTH ARE R/AT
        NALLAPPAREDDIPALLI, BAGEPALLI
        CHIKKABALLAPURA-561207                 ...APPELLANTS

            (BY SRI R.V.SHIVANANDAREDDY, ADV.)

AND :
THE MANAGING DIRECTOR
KARNATAKA STATE ROAD TRANSPORT
CORPORATION (KSRTC), K.H.ROAD
SHANTHINAGARA, BENGALURU-560027            ...RESPONDENT

               (BY SRI B.PHALAKSHAIAH, ADV.)

      THIS M.F.A. IS FILED UNDER SECTION 173(1) OF
M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED
14.12.2016 PASSED IN MVC No.207/2016 ON THE FILE OF THE
XXI ADDITIONAL SCJ & XIX ACMM, MEMBER, MACT,
BENGALURU (SCCH-23), PARTLY ALLOWING THE CLAIM
                               -2-

PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.

      THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
S. SUJATHA, J., DELIVERED THE FOLLOWING:

                         JUDGMENT

This appeal is directed against the judgment and

award dated 14.12.2016 passed in MVC No.207/2016

on the file of the XXI Additional Small Causes Judge

and the Motor Accident Claims Tribunal (SCCH-23) at

Bengaluru ['Tribunal' for short].

2. The claimants instituted the petition under

Section 166 of the Motor Vehicles Act, 1988 claiming

compensation for the death of P.V.Ramanappa @

Ramana in the road traffic accident.

3. It was averred in the claim petition that on

30.08.2015 at about 3.00 a.m., in front of National

Park, Hyderabad to Bangalore NH 44 road at

Ananthapuram, the driver of the KSRTC bus bearing

registration No.KA-40-F-1044 driven by its driver in a

rash and negligent manner came on the wrong side of

the road and dashed against the Eicher van bearing

registration No.KA-53-A-1746. As a result of which the

driver and cleaner of the Eicher van sustained fatal

injuries and died on the spot.

4. It was contended that the deceased

P.V.Ramanappa @ Ramana was earning Rs.30,000/-

p.m., working as a cleaner besides doing agriculture.

Due to untimely death of the deceased, the claimants

namely, the parents of the deceased who were

dependent on the deceased have suffered loss of

dependency, loss of affection in addition to mental

agony etc.,

5. In response to the notice, the respondent

appeared through its counsel and resisted the claim.

Written statement was filed denying the petition

averments. The primary defence set up was that the

claim made was excessive, exorbitant and arbitrary. The

accident occurred solely due to the rash and negligent

driving of the driver of the Eicher van who did not

possess a valid driving licence. It was contended that on

humanitarian grounds, a sum of Rs.15,000/- was paid

to the claimants as an interim compensation.

6. On the basis of the pleadings, the Tribunal

framed the issues and answered allowing the petition in

part awarding total compensation of Rs.7,91,000/-

deducting Rs.15,000/- towards interim compensation

with interest at the rate of 6% p.a., from the date of

petition till its realization.

7. Being dissatisfied with the quantum of

compensation awarded, the claimants have preferred

the present appeal.

8. Learned counsel for the claimants submitted

that the Tribunal has committed a palpable error in

awarding a meager compensation much against the

settled principles of law. The Tribunal has failed to

appreciate the evidence on record inasmuch as

determining the income of the deceased. Accordingly,

sought for enhancement of compensation.

9. Learned counsel for the insurer contended

that the Tribunal after analyzing the oral and

documentary evidence has rightly awarded the

compensation and the same deserves to be confirmed

dismissing the appeal.

10. We have carefully considered the rival

submissions of the learned counsel appearing for the

parties and perused the material on record.

11. The fulcrum of dispute revolves around the

determination of the income of the deceased by the

Tribunal. As could be seen from the records, in the

absence of the proof of income, the Tribunal has

assessed the monthly income of the deceased notionally

at Rs.7,000/- having regard to the date of the accident.

It is settled that in the absence of proof of income, this

Court is consistently referring to the chart prepared by

the Karnataka State Legal Services Authority for

determining the income of the victim in the road traffic

accident notionally. Referring to the same, we deem it

appropriate to re-determine the monthly income of the

deceased notionally at Rs.9,000/-. Adding 40% towards

the future prospects, total income would be Rs.12,600/.

Applying the multiplier of 18, deducting 50% towards

living and personal expenses of the deceased, the loss of

dependency would work out to Rs.13,60,800/- [12,600

x 12 x 18 x ½].

12. In terms of the ruling of the Hon'ble Apex

Court in National Insurance Company Limited Vs.

Pranay Sethi and others ((2017)16 SCC 680) and New

India Assurance Company Limited V/s. Somwati

and Others 2020 [SCC ONLINE SC 720], the claimants

are entitled to compensation of Rs.1,10,000/- under the

conventional heads viz., Rs.80,000/- towards filial

consortium [Rs.40,000/- to each parent; Rs.15,000/-

towards funeral expenses and Rs.15,000/- towards loss

of estate.

13. For the reasons aforesaid, the total

compensation awarded by the Tribunal is re-assessed

as under:

Amount [in Sl.No. Particulars Rs.]

1. Loss of dependency 13,60,800/-

Loss of Filial Consortium

2. 80,000/-

[Rs.40,000/- each to the parent]

3. Loss of Estate 15,000/-

  4.            Funeral expenses                   15,000/-
                   Total                        14,70,800/-

The interim compensation of Rs.15,000/- paid by

the respondent requires to be deducted. Accordingly,

the claimants are entitled to total compensation of

Rs.14,55,800/-.

Thus, the claimants shall be entitled to total

compensation of Rs.14,55,800/- with interest at the

rate of 6% per annum on the enhanced compensation

from the date of the claim petition till the date of

realization.

14. Hence, the following:

ORDER

i) The appeal is allowed in part.

ii) The total compensation awarded by the

Tribunal is modified and enhanced to

Rs.14,55,800/- (Rupees Fourteen Lakhs

Fifty Five Thousand Eight Hundred only) as

against Rs.8,06,000/- which shall carry

interest at the rate of 6% per annum from

the date of the claim petition till its

realization. However, the appellants shall

not be entitled to interest for the delayed

period of 493 days caused in filing the

appeal, in terms of the order dated

04.01.2021.

iii) The portion of the order of the Tribunal

inasmuch as liability, apportionment and

disbursement remains intact.

iv) The Corporation shall deposit the amount

determined as aforesaid before the Tribunal

within 90 days from the date of receipt of the

certified copy of the judgment and order.

v) The modified compensation amount shall be

apportioned and disbursed in terms of the

order of the Tribunal.

vi) Draw modified award accordingly.

Sd/-

JUDGE

Sd/-

JUDGE

NC.