Karnataka High Court
Sri. Muniyappa vs The Managing Director on 28 January, 2022
Bench: P S Kumar, Rajendra Badamikar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JANUARY, 2022
PRESENT
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
AND
THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR
MISCELLANEOUS FIRST APPEAL NO.2448 OF 2014 (MV)
BETWEEN :
1. SRI. MUNIYAPPA
S/O SRI. LATE THIRALAPPA
AGE:62 YEARS
OCC.COOLIE
R/O MARASANDRA, D.B.PURA ROAD
DODDABALLAPURA TALUK
BANGALORE RURAL
DISTRICT-561 203
2. SRI. NARAYANAPPA @ NARAYANASWAMY
S/O SRI. MUNIYAPPA
AGE:42 YEARS
OCC.COLLIE
R/O MARASANDRA, D.B.PURA ROAD
DODDABALLAPURA TALUK
BANGALORE RURAL
DISTRICT-561 203 ...APPELLANTS
(BY SHRI. SURESH M. LATUR, ADVOCATE)
AND :
1. THE MANAGING DIRECTOR
K.S.R.T.C, CENTRAL OFFICE
K.H.ROAD, SHANTHINAGAR
BANGALORE-560 027
2
2. THE REGIONAL MANAGER
ORIENTAL INSURANCE CO.LTD.,
DO.NO.VII, NO.1
III FLOOR, SHANKAR HOUSE
RMV EXTN, MEKHRI CIRCLE
BANGALORE-560 080 ...RESPONDENTS
(BY SHRI. G. LAKSHMEESH RAO, ADVOCATE FOR R1;
SHRI. K.K. VASANTH, ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED.28.06.2013 PASSED IN MVC
NO.1012/11 ON THE FILE OF THE JUDGE COURT OF SMALL
CAUSES & 26TH ACMM, BENGALURU, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY,
P.S. DINESH KUMAR J, DELIVERED THE FOLLOWING:-
JUDGMENT
This appeal by the claimants seeking enhancement
of compensation is filed challenging the judgment and
award dated June 28, 2013 in MVC.No.1012/2011 passed
by the Small Causes Judge & XXVI ACCM, Bengaluru.
2. For the sake of convenience, parties shall be
referred as per their status before the Tribunal.
3. Heard Shri Suresh M.Latur, learned advocate for
the appellant, Shri G.Lakshmeesh Rao, learned advocate
for first respondent-KSRTC and Shri K.K.Vasanth, learned
advocate for second respondent-Insurer.
4. Brief facts of the case are, on 11.11.2010, one
Smt.Akkayamma was standing by the side of the road.
A Tempo Trax belonging to first respondent -Corporation
dashed against her. Akkayamma sustained grievous
injuries and died in the hospital on the same day.
5. One Muniyappa claiming to be husband and
Narayanappa claiming to be son of Akkayamma have filed
the instant claim petition. The Tribunal has recorded in
para-21 of the judgment that Muniyappa had died four
years prior to date of accident and Akkayamma was living
alone. Narayanappa was married and living separately.
Having so recorded, the Tribunal has awarded Rs.95,000/-
to the second petitioner. Hence, this appeal.
6. Shri Suresh Lathur for the claimants submitted
that Muniyappa was Akkayamma's husband and the finding
recorded by the Tribunal is erroneous. According to him,
Muniyappa has passed away on 02.05.2013.
7. Shri Vasanth for the Insurer contended that the
insurer has taken a specific stand in the written statement
before the Tribunal that Muniyappa had passed away about
4 years prior to the date of death of Akkayamma.
If Muniyappa were to be alive, nothing prevented the
claimants to examine him as a witness.
8. Shri Lakshmish Rao for the Corporation also
argued opposing the appeal.
9. We have carefully considered rival submissions
and perused the records.
10. The claim petition is filed by two persons, the
first claimant as husband and second claimant as son. The
Tribunal has recorded a finding that Muniyappa had died
four years prior to date of death of Akkayamma and she
was living alone. Admittedly, Muniyappa has not been
examined before the Tribunal. Now it is stated at the bar
that he passed away on 02.05.2013. However, in 2014,
the appeal has been filed by Narayanappa alone by making
an endorsement in the cause title that appellant No.1 had
died.
11. Shri Lathur has placed reliance on National
Insurance Co. Ltd. Vs. Birendar & others1 and contended
that legal representatives of deceased are entitled for the
compensation.
12. This position of law is not disputed by
Shri K.K.Vasanth and Shri Lakshmeesh Rao.
13. The accident has occurred in 2010 and the award
has been passed in 2013. Except stating at the bar that
Muniyappa was alive as on the date of accident, no effort
has been made to prove this fact by the appellant. The
Tribunal has recorded a finding that Akkayamma was living
alone. In view of the law laid down in Birender, the legal
(2020)11 SCC 356-para 14
representatives will be entitled for compensation.
Accordingly, compensation is re-computed as follows:
14. Loss of dependency: This Court has been
considering the notional income of an able bodied person
in the year 2011 as Rs.5,500/-. The deceased was aged
55 years and therefore, 10% will have to be added
towards future prospects. As Akkayamma was living
alone, 50% of the earnings will have to be deducted
towards personal expenses. The applicable multiplier
is 11. Accordingly, the monthly notional income works out
to Rs.6,050/- (Rs.5,500+550) [by adding 10% towards
future prospects (Rs.5,500*10%=Rs.550)]. After
deducting 50%, it works out to Rs.3,025/- per month
(Rs.6,050*50%). The Annual notional income works out
to Rs.36,300/- (3,025*12). By applying 11 as multiplier,
the loss of dependency works out to Rs.3,99,300/-
(Rs.36,300*11).
15. A sum of Rs.30,000/- is awarded under
conventional heads and Rs.40,000/- towards consortium.
16. Accordingly, the total compensation is
re-computed as follows;
Sl.No Description Amount
a. Loss of dependency Rs.3,99,300
b. ADD: Conventional heads; Rs.30,000
funeral expenses, etc.,
c. ADD: Consortium Rs.40,000
d. Total (a+b+c) Rs.4,69,300
e. LESS: Compensation awarded Rs.95,000
by the Tribunal (d-e)
Enhanced Compensation Rs.3,74,300
17. Hence, the following;
ORDER
(i) Appeal is allowed in part by holding
that claimant is entitled for a total compensation
of Rs.4,69,300/-, as against Rs.95,000/- awarded
by the Tribunal, payable with interest at 6% p.a.,
from the date of filing claim petition till the date
of deposit. The enhanced compensation is
Rs.3,74,300/- ; and
(ii) First respondent-Corporation and Second
Respondent-Insurer are jointly and severally
liable to pay the entire compensation amount of
Rs.4,69,300/- with interest at 6% p.a., and
second respondent-Insurer shall deposit the said
sum, excluding the amount already
paid/deposited, within eight weeks from the date
of receipt of a copy of this order. Disbursement
shall be made as directed by the Tribunal.
No costs.
Sd/-
JUDGE
Sd/-
JUDGE
Yn
