Karnataka High Court
The Depot Manager vs Smt. Sakamma on 6 January, 2022
Bench: P S Kumar, Rajendra Badamikar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2022
PRESENT
THE HON'BLE MR. JUSTICE P S DINESH KUMAR
AND
THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR
MISCL. FIRST APPEAL NO. 2992 OF 2020(MV)
C/W
MISCL. FIRST APPEAL NO. 7039 OF 2021(MV)
IN MFA.NO.2992/2020:
BETWEEN:
THE DEPOT MANAGER, KSRTC
DAVANAGERE BUS DEPOT
PB ROAD, DAVANAGERE
NOW REP. BY CHIEF LAW OFFICER
SARIGE BHAVANA
K H ROAD, SHANTHINAGARA
BANGALORE - 560 027
...APPELLANT
(BY SHRI. B. PHALAKSHAIAH, ADVOCATE)
AND:
1. SMT. SAKAMMA
W/O HUCCHEGAPPA
AGE 41 YEARS
2. KUM REKHA
D/O HUCCHEGAPPA
AGE 22 YEARS
2
3. KUM NANDINI
D/O HUCCHEGAPPA
AGE 20 YEARS
ALL ARE RESIDING AT
HONNURU VILLAGE
DAVANGERE TALUK AND DISTRICT - 577 003
4. RAJU B S/O SHANTHAMMA
AGE 41 YEARS, DRIVER
BADGE NO.5365
KSRTC BUS KA-17-F-1753
CHIKKAMYAGALAGERI VILLAGE
HARAPPANA HALLI TALUK
DAVANAGERE DISTRICT - 583 131
5. CHAIRMAN
INTERNAL SECURITY FUND
SARIGE BHAVANA
KSRTC BENGALURU - 560 027
...RESPONDENTS
(BY SHRI.K.NAGALINGAPPA, ADVOCATE FOR R1 TO R3;
R4 AND R5-SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED. 02.01.2020, PASSED IN MVC
NO.836/2018, ON THE FILE OF THE II-ADDITIONAL SENIOR CIVIL
JUDGE AND JMFC., AND VI-MACT, DAVANAGERE, AWARDING
COMPENSATION OF RS.18,84,400/- WITH INTEREST AT THE RATE
OF 9 PERCENT P.A., FROM THE DATE OF PETITION TILL THE DATE
OF REALIZATION AND ETC.,
IN MFA.NO.7039/2021:
BETWEEN:
1. SMT SAKAMMA
W/O LATE HUCCHEGAPPA
AGED ABOUT 42 YEARS
OCC: HOUSEWIFE
2. KUMARI REKHA
D/O LATE HUCCHEGAPPA
3
AGED ABOUT 23 YEARS
OCC: STUDENT
3. KUMARI NANDINI
D/O LATE HUCCHEGAPPA
AGED ABOUT 21 YEARS
OCC: STUDENT
ALL ARE R/AT HONNURU VILLAE
DAVANAGERE TALU
DAVANAGERE DIST-577 556
...APPELLANTS
(BY SHRI.K.NAGALINGAPPA, ADVOCATE)
AND:
1. SRI RAJU B
S/O SHANTHAMMA
AGED ABOUT 42 YEARS
OCC: DRIVER
BADGE NO.5365
KSRTC BUS NO.KA-17/F-1753
CHIKKAMYAGALAGERI VILLAGE
HARAPANAHALLI TALUK
DAVANAGERE DIST-583 131
2. DEPOT MANAGER, K.S.R.T.C.
DAVANAGERE BUS DEPOT
P.B.ROAD, DAVANAGERE-577 002
3. THE CHAIRMAN
INTERNAL SECURITY FUND
SARIGE BHAVAN
BANGALORE-560 027
...RESPONDENTS
(BY SHRI. B. PHALAKSHAIAH, ADV. FOR R2 & R3;
VIDE ORDER DATED 06.01.2022-NOTICE
TO RESPONDENT NO.1 IS DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED. 02.01.2020, PASSED IN MVC
NO.836/2018, ON THE FILE OF THE II-ADDITIONAL SENIOR CIVIL
JUDGE AND JMFC., AND VI-MACT, DAVANAGERE, PARTLY
4
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENCHANCEMENT OF COMPENSATION.
THESE MFAs COMING ON FOR ORDERS, THIS DAY,
P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT
These two appeals are presented challenging the
judgment and award dated January 2, 2020, in
MVC.No.836/2018 passed by II Additional Senior
Civil Judge & JMFC & VI-MACT, Davanagere.
MFA No.2992/2020 is filed by the KSRTC1 and
MFA No.7039/2020 by the claimants.
2. For the sake of convenience, parties shall be
referred as per their status before the Tribunal.
3. Heard Shri B.Phalakshaiah learned advocate for
appellant-Corporation and Shri K.Nagalingappa, learned
advocate for respondents-claimants.
4. First claimant's son Hanumantha sustained
grievous injuries in a road traffic accident on
02.08.2018, when a bus belonging to Corporation
Karnataka State Road Transport Corporation
bearing No.KA-17-F-1753 dashed against the motor
cycle on which deceased was a pillion rider.
Hanumantha succumbed to the injuries on the spot. On
adjudication of the claim petition, Tribunal has awarded
Rs.18,84,400/- payable with 9% interest from the date
of petition till the date of realization.
5. Shri Phalakshaiah for the Corporation urged
following contentions;
a) that neither the rider nor the pillion rider
were wearing helmet. Therefore, they were
also negligent. Hence, Tribunal has erred in
not considering contributory negligence;
b) that the motor cycle hit the bus belonging
to the Corporation and the accident has
not occurred due to fault on the part of the
driver of the bus; and
c) that the Tribunal has erred in awarding 9%
interest.
6. In reply, Shri Nagalingappa for the claimants
submitted that charge sheet has been filed against the
driver of the bus. The sketch and other documents filed
along with the charge sheet clearly show that the
accident has occurred due to rash and negligent driving
on the part of the driver of the bus.
7. Learned advocate for the claimants submitted that
the deceased was working as a coolie and earning
Rs.18,000/- per month. The Tribunal has erred in
considering the income of the deceased at Rs.9,000/-
per month, and accordingly sought for enhancement.
8. We have carefully considered rival contentions and
perused the records.
9. Claimants have not produced any document
before the Tribunal to substantiate their claim that
Hanumantha was earning Rs.18,000/- per month. In
the absence of any proof of income, this Court has
consistently considered the notional income of an able
bodied person in the year 2018 as Rs.12,500/- p.m.
10. Deceased was aged 23 years, hence the applicable
multiplier is 18 and future prospects is to be added
at 40%.
11. Deceased was a bachelor. Hence, 50% is
deductible from the earnings of the deceased while
calculating loss of dependency. First claimant is the
mother and claimants No.2 and 3 are sisters of the
deceased and they are entitled for a sum of
Rs.40,000/- each towards consortium.
12. Thus, compensation towards loss of dependency is
worked out as follows;
The monthly notional income works out to
Rs.17,500/- (Rs.12,500+5,000). [by adding 40%
towards future prospects (Rs.12,500*40%=Rs.5,000)].
After deducting 50% towards personal expenses,
monthly income works out to Rs.8,750/-
(Rs.17,500*50%) and annual notional income works out
to Rs.1,05,000/- (Rs.8750*12). By applying 18 as
multiplier, the loss of dependency works out to
Rs.18,90,000/- (Rs.1,05,000*18).
13. The total compensation is re-computed as follows;
Sl.
No
Description Amount
a. Loss of dependency Rs.18,90,000
b. ADD: Conventional Heads Rs.30,000
ADD: Consortium
c. Rs.1,20,000
(Rs.40,000*3)
d. Total (a+b+c) Rs.20,40,000
LESS: Compensation
e. Rs.18,84,400
awarded by the Tribunal
Enhanced compensation (d-e) Rs.1,55,600
14. Learned advocate for the Corporation contended
that in motor vehicle compensation cases, interest is
awarded at 6%. It is settled that compensation
awarded in motor vehicle case must be just and
appropriate and we have re-computed the total
compensation. This Court has been consistently
awarding interest at 6%. Therefore, in our considered
view, awarding 6% interest throughout is just and
appropriate. Hence, the following;
ORDER
(i) Both appeals are allowed in part
by holding that claimants are entitled for a
total compensation of Rs.20,40,000/-, as
against Rs.18,84,400/- 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.1,55,600/-; and
(ii) KSRTC shall pay the entire
compensation amount of Rs.20,40,000/- with
interest at 6% p.a., excluding the amount
paid, if any, within eight weeks from the date
of receipt of a copy of this order. Disbursement
shall be made as directed by the Tribunal.
15. In view of disposal of these appeals, all pending
interlocutary applications do not survive for
consideration and they stand disposed of.
No costs.
Sd/-
JUDGE
Sd/-
JUDGE
NS/AV
