North Eastern Karnataka Road ... vs Smt.Puttamma W/O Ningappa ...
2022 Latest Caselaw 155 Kant

          IN THE HIGH COURT OF KARNATAKA,
                   DHARWAD BENCH

      DATED THIS THE 05TH DAY OF JANUARY 2022

                       PRESENT

        THE HON'BLE MR. JUSTICE S.G. PANDIT

                          AND

 THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

              M.F.A.NO.103574 OF 2019 (MV)

BETWEEN

1.   NORTH EASTERN KARNATAKA
     ROAD TRANSPORT CORPORATION
     REPRESENTED BY ITS
     MANAGING DIRECTOR
     NEKRTC, CENTRAL OFFICE
     KALABURGI TALUK & DISTRICT.

2.   NORTH EASTERN KARNATAKA ROAD
     TRANSPORT CORPORATION
     DIVISION OFFICE HOSAPETE
     REPRESENTED BY ITS
     DIVISIONAL CONTROLLER
     HOSAPETE, BALLARI DISTRICT,

     BOTH APPELLANTS ARE
     REPRESENTED BY
     CHIEF LAW OFFICER.

                                             ... APPELLANTS

(BY SRI. S C BHUTI, ADVOCATE)
                             2



AND

1.    SMT.PUTTAMMA W/O NINGAPPA
      DANAMMANAVAR, AGED: 61 YEARS
      OCC: HOUSEHOLD, R/O: MYLARA
      HADAGALI TALUK
      BALLARI DISTRICT-583103.

2.    SMT. ANITHA W/O MALATHESH
      DANAMMANAVAR, AGED: 24 YEARS
      OCC: HOUSEHOLD, R/O: MYLARA
      HADAGALI TALUK
      BALLARI DISTRICT-583103.

                                           ... RESPONDENTS

(BY SRI. SHIVARAJ.S.BALLOLI, ADV., FOR R1;
NOTICE TO R2-SERVED)

      THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED 16.02.2019
PASSED IN MVC NO.76/2018 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-XIII,
H.B.HALLI, SITTING AT ITINERARY SENIOR CIVIL JUDGE,
HUVINAHADAGALI,      AWARDING        COMPENSATION      OF
Rs.16,97,872/- WITH INTEREST AT 8% P.A. FROM THE DATE
OF PETITION TILL ITS REALIZATION.


      THIS   MFA   COMING       ON   FOR     HEARING   ON
INTERLOCATORY APPLICATION, THIS DAY, S.G. PANDIT J.,
DELIVERED THE FOLLOWING:
                            3



                       JUDGMENT

The North Eastern Karnataka Road Transport

Corporation (for short, 'NEKRTC') is in appeal assailing

the judgment and award dated 16.02.2019 passed in

MVC No.76/2018 on the file of the learned Senior Civil

Judge and MACT-XIII, H.B.Halli, sitting at Itinerary

Senior Civil Judge, Huvinahadagali, (for short, 'the

Tribunal') praying for reduction of compensation awarded

by the Tribunal on the ground that the Tribunal has

granted excess compensation.

2. The respondents/claimants filed claim

petition under Section 166 of the Motor Vehicle Act

claiming compensation in respect of accidental death of

one Malatesh S/o Ningappa Danammanavar in a road

traffic accident involving motorcycle bearing No.KA-

35/EC-3556 and bus bearing No.KA-34/F-1015 on

01.04.2017. The Tribunal on assessing the material on

record, awarded total compensation of Rs.17,32,872/- on

the following heads:

1. Loss of Dependency Rs.16,12,872/-

2. Towards loss of love and Rs.50,000/- affection (25,000x2)

3. Towards funeral expenses Rs.15,000/-

4. Towards loss of estate Rs.15,000/-

      5. Loss of consortium                  Rs.40,000/-
                                Total     Rs.17,32,872/-

3. While awarding the above compensation, the

Tribunal assessed the monthly income of the deceased at

Rs.8,000/- per month, added 40% towards the future

prospects and deducted 1/3rd towards personal expenses

of the deceased.

4. Heard the learned counsel, Sri.S.C.Bhuti for

the appellants-NEKRTC and the learned counsel,

Sri.Shivaraj.S.Balloli, for the respondents.

5. The learned counsel for the appellants would

submit that even though the NEKRTC had questioned its

liability, it would not press into service the said ground,

since the corporation has satisfied the award in a

connected M.V.C.No.77/2018. Learned counsel would

contend that the Tribunal committed an error in

awarding Rs.1,20,000/- on conventional heads including

loss of consortium. He further submits that the Tribunal

also committed an error in granting interest at the rate of

8% per annum and submits that it ought to have granted

6% interest per annum. On these two grounds, learned

counsel for the appellants prays for allowing the appeal

by modifying the judgment and award passed by the

Tribunal.

6. Learned counsel for the respondents-

claimants submits that the compensation and the

interest awarded by the Tribunal is just and reasonable,

which needs no interference. Thus, prays for dismissal

of the appeal.

7. The Tribunal while awarding the

compensation, awarded a sum of Rs.50,000/- towards

loss of love and affection to both wife and mother of the

deceased, apart from awarding compensation of

Rs.15,000/- each on funeral expenses and loss of estate

and another sum of Rs.40,000/- on loss of consortium.

As held by the Hon'ble Apex Court in National

Insurance Company Ltd vs. Pranay Sethi and

others1, the wife would be entitled for consortium of

Rs.40,000/- and Rs.30,000/- towards funeral expenses

and loss of estate. The Hon'ble Apex Court in the said

decision has also observed that the amount that would

be awarded on the heads of loss of consortium and

conventional head is to be enhanced at the rate of 10% in

every 3 years. Thus, awarding compensation of

Rs.1,20,000/- on conventional heads including loss of

consortium is not on the higher side, as is argued by the

learned counsel for the appellants. Thus, awarding of

compensation on conventional heads as well as loss of

consortium is in accordance with law as laid down by the

Hon'ble Apex Court in the case of Pranay Sethi (Supra)

and needs no interference.

AIR 2017 SC 5157

8. The Tribunal has awarded interest at the rate

of 8% per annum on total compensation. Normally 6%

p.a interest would be awarded by the Tribunal taking

note of the present day Bank interest rate. No reasons

are assigned by the Tribunal for awarding interest at the

rate of 8% per annum. Hence, the interest awarded by

the Tribunal at the rate of 8% per annum is modified and

the claimants would be entitled for interest at the rate of

6% per annum on the compensation awarded by the

Tribunal.

9. With the above modification, the appeal

stands disposed of.

Amount in deposit, if any, made by the appellants-

Corporation as statutory deposit, be transmitted to the

concerned Tribunal, forthwith.

Draw modified award accordingly.

Pending I.A's, if any, do not survive for

consideration and the same are accordingly disposed of.

SD/-

JUDGE

SD/-

JUDGE am