The Managing Director vs Sangappa S/O Shivarudrappa ...
2022 Latest Caselaw 2785 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

     DATED THIS THE 18TH DAY OF FEBRUARY, 2022

                         BEFORE

     THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY

       MISCELLANEOUS FIRST APPEAL No.21880/2010(MV)

BETWEEN:

THE MANAGING DIRECTOR,
NWKRTC, GOKUL ROAD,HUBLI,
PRESENTLY REP. BY
THE CHIEF LAW OFFICER, NEKRTC,
CENTRAL OFFICE, GULBARGA.
                                              ...APPELLANT
(BY SRI.PRASHANT HOSAMANI, ADVOCATE)

AND:

1.     SANGAPPA S/O SHIVARUDRAPPA TEGGINAMANI,
       AGE: 52 YEARS CENTRAL GOVT. SERVICE,
       R/O. BYARANATTI, TQ: NARGUND,
       DIST: GADAG.

2.     KUMARI NAVEDITA
       D/O. SANGAPPA TEGINAMANI,
       AGED ABOUT 10 YEARS
       SINCE MINOR REP. BY HER FATHER and
       NATURAL GUARDIAN
       RESPONDENT NO.1 ABOVE.
                                            ...RESPONDENTS

(BY SRI. C. M. HOSAMANI AND SRI. B.           MITHUNARAJ,
ADVOCATES FOR R1; R2 - MINOR REP. BY R1)
                          ---
                                                     MFA NO.21880/2010
                               2



     THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND
AWARD DT:31.12.2009 PASSED IN MVC NO.2467/2008 ON THE
FILE OF THE CIVIL JUDGE (SR.DN.) & ADDL. MACT, RAMDURG,
AWARDING COMPENSATION OF `6,80,000/- WITH INTEREST AT
THE RATE OF 9% P.A. FROM THE DATE OF PETITION TILL ITS
REALIZATION.

     THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:


                          JUDGMENT

This appeal is filed by the owner-cum-Insurer of

the offending bus bearing registration No.KA-28/F-

1161, challenging the judgment and award dated

31.12.2009 passed by the Addl. MACT, Ramdurg

(hereinafter referred to as 'the Tribunal', for brevity)

in MVC No.2467/2008, being aggrieved by the

quantum of compensation awarded to the claimants.

2. The brief facts of the case relevant for the

purpose of disposal of this appeal are;

On 25.04.2008, the deceased Kasturi, aged

about 35 years, was traveling in the bus belonging to

the appellant herein bearing registration No.KA-28/F-

1161, towards Dharwad. When the said bus reached MFA NO.21880/2010

near Mallur ghat, the driver of the bus, who was

driving the same in a rash and negligent manner, lost

control of the vehicle and dashed the bus against a

roadside wall and caused the accident. In the said

accident, Kasturi, who had suffered grievous injuries,

had succumbed to the same on the spot. It is under

these circumstances, the claimants who are the

husband and daughter of the deceased Kasturi, had

filed a claim petition under Section 166 of the Motor

Vehicles Act, 1877 and the said claim petition was

partly allowed by the Tribunal and compensation of

`6,80,000/- with interest at 9% per annum from the

date of petition till realization, was awarded to the

claimants. Being aggrieved by the quantum of

compensation and the rate of interest, the owner-

cum-insurer of the offending bus has preferred this

appeal.

3. The undisputed facts of the case are that,

in the accident in question that had taken place on

25/04/2008, the offending bus belonging to the MFA NO.21880/2010

appellant herein bearing registration No.KA-28/F-

1161 was involved and in the said accident, deceased

Kasturi, who is the wife of the 1 s t claimant and

mother of the 2 n d claimant, had died. The only

question that arises for consideration in this appeal is

with regard to the correctness of the compensation

and rate of interest awarded by the Tribunal to the

claimants.

4. The deceased Kasturi was aged about 35

years as on the date of the accident. The Tribunal

while granting compensation towards loss of

dependency, had considered the notional income of

the deceased at `5,000/- per month. The claimants

had not produced any substantial evidence to prove

the income of the deceased. However, in view of the

income chart maintained by the Karnataka State

Legal Services Authority for the purpose of disposal

of motor vehicle accident cases before the Lok

Adalath, the notional income of the deceased was

required to be taken at `4,250/- per month having MFA NO.21880/2010

regard to the year of the accident. 40% of the said

income was required to be taken into consideration

towards loss of future prospects of the deceased and

1/3 r d of the said income was required to be deducted

towards the personal expenses of the deceased. The

proper multiplier applicable in the case would be 16.

In the said event, the claimants would be entitled for

a total compensation of `7,61,664/- (`3,967 x 12 x

16). In addition to the same, the claimants are also

entitled for a sum of `1,10,000/- under the

conventional heads. Therefore in all the claimants

would be entitled for a total compensation of

`8,71,664/-. However the Tribunal has awarded only

a compensation of `6,80,000/- to the claimants with

interest at 9% p.a. to the claimants.

5. Therefore, even though the Tribunal has

awarded the interest at 9% per annum on the

compensation amount awarded to the claimants,

having regard to the fact that the Tribunal has

awarded lesser compensation to the claimants, I am MFA NO.21880/2010

of the considered view that it is not a fit case to

interfere even if the rate of interest awarded to the

claimants by the Tribunal is on the higher side.

Under these circumstances I find no merit in this

case.

Hence the appeal is dismissed. The amount in

deposit is directed to be transferred to the Tribunal

for the purpose of disbursement.

Sd/-

JUDGE

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