Smt Rekha vs M/S Vrl Logistics
2021 Latest Caselaw 773 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 13TH 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.4644/2019 (MV)

BETWEEN :

1.     SMT.REKHA
       W/O LATE PRADEEP,
       AGED ABOUT 27 YEARS,
       HOUSEHOLD WORK

2.     SRI D.H.CHANDRAPPA
       S/O DODDA HANUMAPPA,
       AGED ABOUT 52 YEARS, OCC: COOLIE.

3.     SMT.C.RATHNAMMA
       W/O CHANDRAPPA
       AGED ABOUT 47 YEARS, OCC: COOLIE.

4.     KUM. PAVITHRA
       D/O CHANDRAPPA
       AGED ABOUT 22 YEARS, STUDENT.

5.     KUM. BINDUSHREE
       D/O LATE PRADEEP
       AGED ABOUT 2 YEARS,
       SINCE MINOR REP BY
       NATURAL GUARDIAN
       APPELLANT NO.1 SMT.REKHA
                            -2-

        ALL ARE R/O ANABUR VILLAGE,
        JAGALUR TALUK
        DAVANAGERE DISTRICT-577528              ...APPELLANTS

                (BY SRI N.K.SIDDESWARA, ADV.)

AND :

1.      M/s VRL LOGISTICS
        REGD. & ADMN. OFFICE,
        NH-4 ROAD, BANGALORE ROAD,
        VARUR, HUBLI-581207
        REP BY ITS MANAGING DIRECTOR

2.      UNITED INDIA INSURANCE CO. LTD.,
        DIVISIONAL OFFICE NO.1 & 2,
        ENKAY COMPLEX,
        KESHAVAPURA, HUBLI-580023
        REP BY ITS DIVISIONAL MANAGER        ...RESPONDENTS

          (BY SRI S.V.HEGDE MULKHAND, ADV. FOR R-2;
     VIDE COURT ORDER DATED 13.01.2021 NOTICE TO R-1 IS
                        DISPENSED WITH.)

        THIS M.F.A. IS FILED UNDER SECTION 173(1) OF
M.V.ACT    AGAINST   THE   JUDGMENT    AND   AWARD    DATED
04.01.2019 PASSED IN MVC No.602/2017 ON THE FILE OF THE
ITINERARY SENIOR CIVIL JUDGE AND MACT, JAGALUR, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

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


                     JUDGMENT

This appeal is directed against the judgment and

award dated 04.01.2019 passed in MVC No.602/2017

on the file of the Itinerary Senior Civil Judge and Motor

Accident Claims Tribunal at Jagalur ('Tribunal' for

short).

2. The claimants instituted petition under

Section 166 of the Motor Vehicles Act, 1988 claiming

compensation for the death of Pradeep in the road

traffic accident.

3. It was averred in the claim petition that on

24.04.2017 at about 4.30 a.m., the deceased - Pradeep

and one Upendra while proceeding in goods auto

bearing registration No.KA-04-AA-9462 from Bidar

towards Bengaluru, when they reached near

Bhagyanagar Camp, besides the land of K. Channappa,

Kolur Village, on Shiraguppa-Bellary road, all of a

sudden VRL Logistics Bus bearing registration No.KA-

25-C-0964 (offending vehicle) came in a rash and

negligent manner and dashed against the goods auto.

Due to the said impact, the deceased sustained grievous

injuries and Upendra died on the spot, whereas Pradeep

was shifted to VIMS Hospital, Bellary. Later on while

shifting to Davanagere Hospital for higher treatment, on

the way, he succumbed to the injuries on 26.04.2017 at

about 1.30 p.m. It was contended that the claimants

had incurred huge expenses towards treatment of the

deceased.

4. It was contended that the deceased was

earning Rs.30,000/- per month and contributing the

same to the family. Due to the untimely death of the

deceased, the claimants have suffered mental shock and

agony. They were depending on the income of the

deceased and they are suffering from loss of dependency

etc., On these set of facts and grounds, the claimants

sought for compensation.

5. In response to the notice issued, the

respondents appeared through their respective counsel

and contested the claim. Respondent No.1 in his

objection statement contended that the accident in

question was taken place on account of rash and

negligent driving of the driver of the goods auto.

However, it was contended that the offending vehicle

was insured with the respondent No.2 - insurer. The

policy was in force and the liability, if any, has to be

satisfied by respondent No.2.

6. Respondent No.2 - insurer contested the

claim by filing the written statement denying the

petition averments. The defence set up was that the

driver of the bus had entrusted the vehicle to the person

who was not holding the valid and effective driving

licence and the respondent No.1 had contravened the

terms and conditions of the policy. Accordingly, sought

for dismissal of the claim petition.

7. On the basis of the pleadings, issues were

framed and answered as per the reasons recorded in the

impugned judgment allowing the petition in part

awarding total compensation of Rs.23,50,000/- with

interest at the rate of 8% per annum from the date of

the petition till its realization.

8. Being aggrieved by the quantum of

compensation awarded by the Tribunal, the claimants

have preferred this appeal seeking enhancement of

compensation.

9. Learned counsel for the

appellants/claimants submitted that the deceased was

working as a driver at Sree Road Line Transports,

Bengaluru and getting monthly salary of Rs.20,000/-.

PW.3, the manager of the said Sree Road Line

Transports was examined to prove the same. Ex.P11

would fortify that the deceased was working as a driver

in a goods vehicle. Despite the same, the Tribunal has

determined the monthly income of the deceased at

Rs.10,000/- which is on the lower side. It was further

submitted that the compensation awarded under the

different conventional heads is meager and the same

requires to be enhanced substantially.

10. Learned counsel for the insurer submitted

that the Tribunal on appreciating the oral and

documentary evidence on record has awarded just and

reasonable compensation which has no scope for

further enhancement. Accordingly, prays for dismissal

of the appeal.

11. We have carefully considered the rival

submissions of the learned counsel appearing for the

parties and perused the material on record.

12. The Tribunal has determined the monthly

income of the deceased at Rs.10,000/- and added 40%

of the same towards future prospects in determining the

loss of dependency. The deceased was aged about 25

years at the time of the accident and was working as a

driver. Though the claimants contended that the

deceased was drawing monthly salary of Rs.10,000/-

along with Rs.400/- batta per day, no concrete evidence

was placed to establish the income towards batta.

Hence, the Tribunal has determined the monthly

income of the deceased at Rs.10,000/-. In the absence

of proof of income, this Court is consistently referring to

the chart prepared by the Karnataka State Legal

Services Authority to determine the income of the victim

of the road traffic accident, notionally. Having regard to

the same, the monthly income of the deceased could be

safely determined at Rs.11,000/-. Adding 40% towards

the future prospects, the total monthly income would be

Rs.15,400/-. Considering the age of the deceased at 25

years, applying multiplier of '18' and deducting 1/4th

towards personal and living expenses of the deceased,

the loss of dependency would work out to

Rs.24,94,800/- (15400 x 12 x 18 x ¾).

13. In terms of the dictum of the Hon'ble Apex

Court in National Insurance Company Limited Vs.

Pranay Sethi and others reported in (2017)16 SCC

680 and New India Assurance Company Limited v/s.

Somwati and others reported in (2020) 9 SCC 644,

the claimants are entitled to Rs.40,000/- towards loss

of spousal consortium; Rs.40,000/- towards loss of

parental consortium; Rs.80,000/- towards loss of filial

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

towards loss of estate and Rs.15,000/- towards funeral

expenses.

14. The medical expenses of Rs.12,000/-

awarded by the Tribunal remains intact.

15. For the reasons aforesaid, the total

compensation awarded by the Tribunal is re-assessed

as under:

- 10 -

Sl.No. Particulars Amount [in Rs.]

1. Loss of dependency 24,94,800/-

                  Loss       of     spousal
    2.                                                    40,000/-
                  consortium
                     Loss     of    parental
    3.                                                    40,000/-
                  consortium
                  Loss of filial consortium
    4.            (Rs.40,000/- to each                    80,000/-
                  parent)
    5.                  Loss of estate                    15,000/-
                       Towards funeral
    6.                                                    15,000/-
                          expenses
    7.                Medical expenses                  12,000/-
                      Total                          26,96,800/-

Thus,       the     claimants     shall   be   entitled   to   total

compensation of Rs.26,96,800/- with interest at the

rate of 6% per annum on the enhanced compensation

amount from the date of the claim petition till the date

of realization.

16. Hence, the following:

ORDER

i) The appeal is allowed in part.

ii) The total compensation awarded by the

Tribunal is modified and enhanced to

- 11 -

       Rs.26,96,800/-     (Rupees    Twenty     Six

       Lakhs    Ninety   Six    Thousand      Eight

Hundred only) as against Rs.23,50,000/-

with interest at the rate of 6% per annum

on the enhanced compensation amount

from the date of the claim petition till its

realization.

iii) The portion of the order of the Tribunal

inasmuch as liability, apportionment and

disbursement remains intact.

iv) The insurance company 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.

- 12 -

vii) All pending I.As. stand disposed of

accordingly.

SD/-

JUDGE

SD/-

JUDGE PMR