Karnataka High Court
Sunanda And Ors vs The Managing Director on 17 February, 2022
Bench: S.R.Krishna Kumar, V Srishananda
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF FEBRUARY, 2022
PRESENT
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
AND
THE HON'BLE MR. JUSTICE V. SRISHANANDA
M.F.A. NO.200604/2021 (MV)
BETWEEN:
1. Sunanda W/o Ramanna Kambar,
Age : 36 years, Occ :Nil,
2. Kashibai D/o Ramanna Kambar,
Age : 16 years, M/g by Appellant No.1,
3. Hanamant S/o Ramanna Kambar,
Age : 14 years, M/g by Appellant No.1,
All are R/o Kumbar Galli,
Vijayapura. ... APPELLANTS
(By Sri Sanganagouda V.Biradar, Advocate)
AND:
The Managing Director,
NWKRTC, Belagavi, .. RESPONDENT
(By Sri Deepak V.Barad, Advocate)
This Miscellaneous First Appeal is filed under
Section 173(1) of the M.V.Act, praying to allow the appeal
2
and enhance the compensation as claimed in the claim
petition by modifying the judgment and award dated
03.02.2020 passed by the court of II Additional Senior Civil
Judge and Member, MACT No.VII, at Vijayapura in MVC
No.29/2019.
This appeal coming on for Admission this day, V.
Srishanand J., delivered the following:
JUDGMENT
Though this matter is listed for admission today, with
the consent of both the parties, the matter is taken up for
final disposal.
2. The present appeal is by the claimants
challenging the impugned judgment and award passed in
MVC No.29/2019 dated 03.02.2020 by the learned II
Additional Senior Civil Judge and MACT VII at Vijayapura
(hereinafter referred to as 'the Tribunal' for short).
3. Brief facts of the case are as under:
A claim petition came to be filed contending that on
07.09.2018 at about 12.50 hours, the deceased Ramanna
was on the extreme end of the road near Market,
Gaddanakeri Cross on Bagalkot-Belagavi Road, at that time a
KSRTC Bus bearing No.KA-22-F-1964 came from Bagalkot
side in a rash and negligent manner and dashed to the
deceased. Due to the said impact, the deceased sustained
grievous injuries and died on the spot. The claimants being
the wife and children have laid a claim petition for awarding
suitable compensation in respect of the accident.
4. In pursuance of the notice issued, respondent -
NWKRTC appeared before the Tribunal and filed written
statement denying the claim petition averments in toto.
5. Based on the rival contentions, the Tribunal
raised necessary issues and after considering the oral and
documentary evidence on record, the Tribunal allowed the
claim petition in part and awarded a sum of Rs.10,60,120/-
with interest at 6% per annum form the date of petition till
its realization. Being not satisfied with the same, the present
appeal is preferred by the claimants.
6. In the appeal memorandum, following grounds
have been raised:
x The learned judge of the Trial Court has failed to
appreciate the fact, at time of accident the
deceased was aged about 38 Years and he was
doing the Agricultural work out of the said work
he was earning a sum of Rs.15,000/- per month,
without considering the said aspect the learned
judge of the Trial court has taken Rs.8,000/ per
month deducted 1/3rd towards personal and
living expenses and adopted the 15 multiplier and
awarded the meager compensation of
Rs.9,60,120/-, same is to be modified by this
Hon'ble Court.
x The learned judge of the trial court has not
awarded any 6. compensation towards the Loss of
future prospects since, the deceased is aged
about 38 Years at the time of accident, he is
entitled for 40% of the future prospectus, same is
to be awarded by this Hon'ble Court.
x The learned judge of the trial court has failed to
appreciate the fact that, the appellant No.2 and 3
have lost their father at the age of 15 and 13
Years, even though the tribunal has awarded very
meager compensation of Rs.25,000/- towards the
Love and Affection same is to be modified by this
Hon'ble Court.
x It is submitted that the tribunal has awarded very
meager Compensation of Rs.20,000/ towards Loss
of Estate and Rs.25,000/- towards the
Transportation of Dead Body and Funeral
Expenses, same is to be modified by this Hon'ble
Court.
x The learned judge of the Trial Court has failed to
appreciate the fact that, the appellant No.1 was
lost her husband at the age of 30 Years, without
considering the said aspect the tribunal has
awarded very meager compensation of
Rs.30,000/- towards the Loss Consortium, same
is to be modified by this Hon'ble Court.
x The tribunal has awarded very interest at 6% as
against 9%, same is to be considered by this
Hon'ble Court.
x Viewed from any angle, the impugned judgment
and Award liable to be modified by enhancing the
same. The Appellant has t filed any case before
any other Court on the same cause of action.
x The impugned Judgment and Award suffers from
other infirmities which the Appellant craves leave
to point out at the time of hearing
x Subject matter of the appeal is valued
Rs.39,39,880/- (Rs.50,00,000/- - 10,60,120/-) a
fixed court fee of Rs. 15/- is paid under article 3
(iii) (i) (a) of schedule Il of the Karnataka Court
Fee and Suit Valuation Act."
7. Reiterating the above grounds, the learned
counsel for the appellants Sri Sanganagouda V. Biradar,
vehemently contended that the tribunal awarding a sum of
Rs.10,60,120/- is on the lower side and thus, sought for
enhancement of compensation.
8. Per contra, Sri Deepak V. Barad, learned counsel
for the respondent supported the impugned judgment and
award and prayed for dismissal of the appeal.
9. In view of the rival contentions urged by the
learned counsel for the parties, the sole point that would
arise for consideration is -
"Whether the claimants have made out a case
for enhancement of compensation?"
10. In the case on hand, the accidental death of
Ramanna on 07.09.2018 near Market, Gaddanakeri Cross on
Bagalkot-Belagavi Road involving a KSRTC Bus bearing No.
KA-22-F-1964 stands established by placing necessary oral
and documentary evidence on record.
11. Admittedly, the claimants are the wife and
children of the deceased and the claimants did not produce
any documents to substantiate the monthly income of the
deceased. Therefore, the Tribunal has assessed the income
notionally at Rs.8,000/- p.m. and awarded a sum of
Rs.10,60,120/-. This court and Lok-Adalat would normally
assess the monthly income for the accidental claims of the
year 2018 in a sum of Rs.15,000/-.
12. Having regard to the number of dependents,
1/3rd of the income needs to be deducted towards personal
expenses. Multiplier applied is '15' as per the dictum of the
Hon'ble Apex Court in the case of Sarla Verma vs. Delhi
Transport Corporation reported in (2009) 6 SCC 121.
Further, having regard to the age of the deceased being 38
years, applying the legal principles enunciated in the case of
National Insurance Company Limited vs. Pranay Sethi
and Others reported in (2017) 16 SCC 680, the
claimants would be entitled to 40% addition to the income in
respect of the future prospects. Further, as per dictums of
Pranay Sethi's case and United India Insurance Co.,
Ltd. Vs. Satinder Kaur @ Satwinder Kaur & Ors. reported
in 2020 SCC Online SC 410, the claimants would be
entitled to Rs.40,000/- each towards filial love and affection.
Accordingly, a case is made out for re-computation of the
compensation which is re-computed as under:
Loss of dependency : Rs.19,74,000.00
(11750+40%x2/3x12/15)
Other heads : Rs. 1,50,000.00
Total : Rs.21,24,000.00
Less : Rs.10,60,120.00
Enhanced Compensation : Rs.10,63,880.00
13. Accordingly, the point is answered in the
affirmative and pass the following -
ORDER
1. The appeal is allowed.
2. In modification of the award passed by the
tribunal, the claimants are entitled to the total
enhanced compensation of Rs.21,24,000/- with
6% interest as against a sum of Rs.10,60,120/-
awarded by the Tribunal from the date of petition
till its realization.
3. Amount in deposit is ordered to be transmitted to
the Tribunal and balance amount is to be
deposited by the NWKRTC within four weeks from
the date of receipt of the copy of this order.
4. Office to draw modified award accordingly.
5. Ordered accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
KA
