Indumathi W/O Mahadevappa Gadag vs The Divisional Controller
2022 Latest Caselaw 942 Kant

Citation : 2022 Latest Caselaw 942 Kant
Judgement Date : 20 January, 2022

Karnataka High Court

Indumathi W/O Mahadevappa Gadag vs The Divisional Controller on 20 January, 2022

Bench: S G Pandit, Anant Ramanath Hegde

          IN THE HIGH COURT OF KARNATAKA,
                   DHARWAD BENCH

       DATED THIS THE 20TH DAY OF JANUARY 2022

                       PRESENT

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

                         AND

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

               MFA No.100466/2016 (MV)

BETWEEN

SMT.INDUMATHI
W/O MAHADEVAPPA GADAG
AGE:54 YEARS,
OCC: HOUSEHOLD
R/IO GANDHINAGAR
HUBBALLI , DIST. DHARWAD 560008
                                           ...APPELLANT
(BY SRI.ANJANEYA M., ADVOCATE)

AND

THE DIVISIONAL CONTROLLER
NWKRTC HOSUR, HUBBALLI
DIST. DHARWAD 560008
                                         ...RESPONDENT
(BY SRI.SUNIL S DESAI, ADVOCATE)

      THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV
ACT, AGAINST THE JUDGMENT AND AWARD DATED 16.10.2014
PASSED IN MVC NO.912/2012 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT,
HUBBALLI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION      AND    SEEKING   ENHANCEMENT      OF
COMPENSATION.
                                2



     THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, ANANT RAMANATH HEGDE J., DELIVERED THE
FOLLOWING:

                         JUDGMENT

Mother of Kiran @ Kiran Kumar S/o Mahadevappa,

who succumbed to injuries on account of accident between

two vehicles namely, two wheeler bearing Reg.No.KA-

25/W-6710 and NWKRTC bus bearing Reg.No.KA-25/F-

2328 prayed for compensation of Rs.50,00,000.00 in her

claim petition filed under Section 166 of the Motor Vehicles

Act in MVC No.912/2012 on the file of the Prl. Senior Civil

Judge and Additional MACT, Hubballi (for short, 'the

Tribunal').

2. The Tribunal awarded compensation of

Rs.16,47,328.00 as under:

Compensation due to death Rs.15,77,328.00 Rs.7,732 x 12 x 17 Loss of consortium Rs.20,000.00 Loss of love and affection Rs.30,000.00 Funeral expenditures Rs.20,000.00 Total Rs.16,47,328.00

3. Seeking enhancement of compensation, the

mother of the deceased is before this Court in this appeal.

4. Respondent-NWKRTC has not questioned the

judgment and award where the Tribunal has come to the

conclusion that the accident has occurred on account of

rash and negligent act of the driver of NWKRTC bus. This

finding is based on the charge sheet at Ex.P4 and other

evidence available on record. As there is no challenge to

this finding, the question that needs to be considered in

this case is,

Whether the mother of the deceased is entitled for enhancement of compensation?

5. Heard Sri.Anjaneya M., learned counsel for the

appellant and Sri.Sunil S Desai, learned counsel for the

respondent-NWKRTC.

6. Learned counsel for the appellant would submit

that the Tribunal erred in deducting the income towards

personal expenses of the deceased twice over. According

to her the income of the deceased at the time of accident

was Rs.23,193.00. After deducting 50% of the said

income, the Tribunal has considered Rs.11,597.00 as the

income for the purpose of assessing dependency and

thereafter again deducted 1/3rd towards personal expenses

of the deceased and taking Rs.7,732.00 as the monthly

income, has awarded compensation of Rs.15,77,328.00 on

the head of loss of dependency by adopting multiplier of

17.

7. Learned counsel for the respondent-NWKRTC

would vehemently oppose the claim of the appellant and

would submit that the compensation awarded by the

Tribunal is just and fair, which requires no modification.

8. It is noticed from the salary certificate of the

deceased which is marked at Ex.P.10 that the income of

the deceased was Rs.12,981.00 p.m. and not

Rs.23,193.00 as claimed in the petition. The salary

certificate would reveal that Rs.10,212.00 mentioned in

the certificate is the annual bonus. Said Rs.10,212.00 paid

towards annual bonus cannot be considered as income per

month. Thus, this Court considers appropriate to take

Rs.13,000.00 as monthly income of the deceased.

9. The Tribunal has failed to take into account

future prospects. Hence, 40% future prospects is to be

added keeping in mind the ratio laid down in National

Insurance Company Limited Vs. Pranay Sethi and

Others reported in (2017) 16 SCC 680. Taking into

consideration the age of the deceased as 30, the multiplier

of 17 adopted by the Tribunal is correct. Since the

deceased was a bachelor, 50% of his income is to be

deducted towards personal expenditure. Under these

circumstances, the loss of dependency would be,

Rs.13,000 (income per month) + Rs.5,200 (40% future prospects) = Rs.18,200.00

Rs.18,200 - 50% (deduction towards personal expenditure) = Rs.9,100.00 x 12 (months) x 17 (multiplier) = Rs.18,56,400.00

10. The Tribunal has awarded Rs.70,000.00 in

favour of the mother under the head of loss of consortium,

love and affection and funeral expenses. To this extent the

judgment and award of the Tribunal needs no modification.

Thus, the total compensation payable would be as under:

          Heads                  Amount
Loss of dependency             Rs.18,56,400.00
Loss of consortium                Rs.40,000.00
Funeral expenses and loss         Rs.30,000.00
of estate
                    Total      Rs.19,26,400.00




11.   Hence, we pass the following:


                      ORDER

      i. The appeal is allowed in part.

ii. The judgment and award passed by

the Tribunal in MVC No.912/2012 dated

16.10.2014 on the file of the Prl. Senior Civil

Judge and Additional MACT, Hubballi stands

modified to the extent that the claimant is

entitled for Rs.19,26,400.00 as against

Rs.16,47,328.00.

iii. The enhanced compensation shall

carry interest at the rate of 6% p.a. from the

date of petition till the date of realization. The

compensation awarded by the Tribunal shall

carry interest at the rate of 7.5% p.a. as there