Karnataka High Court
A G Sarojamma vs Managing Director on 30 November, 2021
Bench: Sachin Shankar Magadum
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 30TH DAY OF NOVEMBER, 2021
BEFORE
THE HON'BLE MR.JUSTICE SACHIN SHANKAR MAGADUM
MISCELLANEOUS FIRST APPEAL NO.6972 OF 2015 (MV)
BETWEEN
1. A.G. SAROJAMMA
W/O. LATE K.N. RAMEGOWDA,
AGED ABOUT 54 YEARS
2. K.R. KESHAVAMURTHY,
S/O. LATE K.N. RAMEGOWDA
AGED ABOUT 32 YEARS
3. K.R. PRADEEP KUMAR
S/O. LATE K.N. RAMEGOWDA
AGED ABOUT 27 YEARS
ALL ARE R/AT KOTHANAHALLI VILLAGE
KIRISAVE POST, HIRISAVE HOBLI,
CHANNARAYAPATNA TALUK,
HASSAN DISTRICT.
... APPELLANTS
(BY SRI. N.S. BHAT, ADVOCATE)
AND
MANAGING DIRECTOR,
THE KARNATAKA STATE ROAD
TRANSPORT CORPORATION,
KENGAL HANUMANTHAIAH
(DOUBLE) ROAD, SHANTHINAGARA,
BANGALORE-560 027.
2
(RC OWNER-CUM-INTERNAL
INSURER OF KSRTC BUS
BEARING NO.KA-19-F-2975)
... RESPONDENT
(BY SRI. B. PALAKSHAIAH, ADVOCATE)
THIS MFA FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:
11.11.2014, PASSED IN MVC NO.6674/2013 ON THE FILE
OF THE JUDGE, COURT OF SMALL CAUSES, 26TH ACMM
(SCH-09), BENGALURU, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT FOR COMPENSATION.
THIS MFA COMING ON FOR ADMISSION, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimants against the
judgment and award dated 11.11.2014 passed in MVC
No.6674/2013 by the Judge, Small Causes and Motor
Accident Claims Tribunal, Bengaluru (SCCH-09), seeking
enhancement of compensation.
2. The appellants filed claim petition claiming
compensation for having lost one Sri. K.N. Ramegowda in
a road traffic accident that occurred on 26.10.2013.
3. The appellants, in support of their
contention, led in ocular evidence and examined the
widow of the deceased as PW1 and got marked the
documents at Exs.P1 to P12. The Corporation did not
choose to adduce any documentary evidence. The
Tribunal after appreciation of oral and documentary
evidence on record, in the absence of proof of income,
has taken the income of the deceased notionally at
`.5,000/- per month, by taking the age of the deceased
as 58 years and applying the multiplier at 9, has
awarded the compensation of `.3,60,000/- under the
head 'loss of dependancy'. A sum of `.40,000/- has been
awarded under the 'conventional heads'. In all, the
Tribunal has awarded a total compensation of
`.4,00,000/- with interest at 6% per annum from the
date of accident till the date of realization.
4. Heard the learned counsel for the appellants
and the learned counsel for the respondent - Corporation
and perused the material available on record.
5. On appreciation of oral and documentary
evidence on record, though this court cannot find fault
with the Tribunal in assessing the income of the
deceased notionally, having regard to the fact that the
accident is of the year 2013, the notional income
assessed by the Tribunal appears to be on the lower side.
Hence, the same needs to be enhanced. Placing reliance
on the chart prepared by the Karnataka Legal Services
Authority, the income of the deceased is notionally
assessed at Rs.8,000/- per month.
6. On perusal of the record, more particularly
Ex.P9, voter's I.D. issued by the Election Commission of
India, this court would find that the deceased was aged
about 43 years as on 01.01.1994. Therefore, this court is
of the view that the Tribunal has erred in taking the age
of the deceased at 58 years. The evidence on record
discloses that the deceased was aged about 53 years.
Therefore, the appropriate multiplier applicable to his
age is '7' and not 9. Thus, taking the income of the
deceased notionally at `.8,000/-, deducting 1/3rd of the
same towards his personal expenditure and by adopting
the multiplier of '7', the compensation under the head
'loss of dependency' works out to `.4,48,000/-
(`.5,333x12x7=`.4,47,972, rounded off to `.4,48,000).
Since there are three dependants, by applying the
principles laid down in the case of Magna General Ins
vs. Nanu Ram & others reported in 2018 ACJ 2782, a
sum of `.1,50,000/- is awarded towards 'Conventional
heads'. In all, a total compensation of Rs.5,98,000/- is
awarded by this court as against `.4,00,000/- awarded
by the Tribunal.
7. For the foregoing reasons, I pass the
following:
ORDER
Appeal is allowed in part. The impugned judgment
and award dated 11.11.2014 passed in MVC
No.6674/2013 by the Judge, Small Causes and Motor
Accident Claims Tribunal, Bengaluru (SCCH-09), is
modified.
The appellants are entitled for the enhanced
compensation of `.1,98,000/- with interest at 6% per
annum from the date of petition till the date of
realisation.
Sd/-
JUDGE
snc
