The Managing Director vs Sri Kande Rao
2022 Latest Caselaw 8270 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 7TH DAY OF JUNE 2022

                     BEFORE

THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD

        MFA No.3230 OF 2018 (MV - I)

BETWEEN:

THE MANAGING DIRECTOR,
M/S STATE EXPRESS TRANSPORT
CORPORATION LTD., SETC,
NO.2, PALLAVAN SALAI,
THIRUVALLUVAR HOUSE,
CHENNAI - 600 002
REP. BY ITS GENERAL MANAGER.
                                     ...APPELLANT
(BY SRI.BOPANNA B., ADVOCATE)

AND:

SRI. KANDE RAO,
S/O KRISHNAJI RAO,
AGED ABOUT 48 YEARS,
R/AT NO.721, 7TH MAIN,
MAHALAKSHMI LAYOUT,
BANGALORE - 560 086.
                                  ...RESPONDENT

(BY SRI.K.T.GURUDEVA PRASAD, ADVOCATE)
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     THIS MFA IS FILED U/S 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED
24.10.2017 PASSED IN MVC NO.6608/2016 ON THE
FILE OF V ADDITIONAL SMALL CAUSES JUDGE AND
XXIV ACMM, MEMBER MACT, MAYO HALL UNIT (SCCH-
20) BENGALURU AWARDING COMPENSATION OF
Rs.4,61,700/- WITH INTEREST @ 9% P.A. FROM THE
DATE OF PETITION TILL ITS REALIZATION.

     THIS MFA COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:

                     JUDGMENT

This appeal under Section 173(1) of Motor

Vehicles Act, 1988 (hereinafter referred to as 'the

Act') has been filed by Tamil Nadu State Road

Transport Corporation (for short, 'the Corporation')

being aggrieved by the judgment and decree dated

24.10.2017 passed by the Court of I/c XV ASCJ and

Member, MACT, Court of Small Causes, Mayo Hall

Unit, Bengaluru (hereinafter referred to as 'Tribunal')

in MVC No.6608/2016, whereby the Tribunal has

granted a compensation of Rs.4,61,700/- along with

interest at the rate of 9% p.a.

2. Facts giving rise to the filing of the appeal

briefly stated are that on 12.06.2016 the petitioner

was riding his TVS Moped bearing Registration

No.KA-05/EB-3633 on H-Siddaiah Road near Janatha

Hotel, Wilson Garden, Bangalore City, at that time,

SETC bus bearing Registration No.TN-01/AN-0946

driven by its driver in a rash and negligent manner

with a high speed dashed against the petitioner's

vehicle. As a result of impact, he fell down and

sustained injury. After recovering from the injury, the

claimant has filed claim petition under Section 166 of

the Act before MACT, Bengaluru in MVC

No.6608/2016.

3. On service of notice, the respondent

appeared through counsel and filed objections denying

the entire petition averments regarding age,

occupation and income of the petitioner as well as

occurrence of accident. Hence, he sought for dismissal

of the petition.

4. On the basis of the pleadings of the parties,

the Tribunal framed the issues and thereafter

recorded the evidence. The claimant examined

himself as PW.1 and doctor - Prakashappa.T.H was

examined as PW-2 and got exhibited documents,

namely, Exs.P1 to Ex.P.14. The respondent neither

examined any witnesses nor produced any

documents. On appreciation of oral and documentary

evidence, the Tribunal has granted compensation of

Rs.4,61,700/-along with interest at the rate of

9% p.a. and directed the respondent to deposit the

compensation amount along with interest. Being

aggrieved, this appeal has been filed.

5. Sri. Bopanna .B, learned counsel appearing

for the appellant has contended that at the time of

accident, claimant was aged about 46 years and

multiplier applicable to the age group 46 to 50 is '13'.

Instead of '13', the Tribunal has wrongly considered

multiplier as '14'.

In view of judgment of the Division Bench of this

Court in the case of MS.JOYEETA BOSE AND OTHERS

vs. VENKATESHAN.V AND OTHERS (MFA 5896/2018

and connected matters disposed of on 24.8.2020),

the claimant is entitled for interest at the rate of 6%

p.a., but the Tribunal has granted interest at the rate

of 9% p.a., which is on the higher side. Hence, he

sought for allowing the appeal.

6. Per contra, Sri.K.T.Gurudeva Prasad,

learned counsel appearing for the claimant has

contended on appreciation of oral and documentary

evidence and considering the age and avocation of the

deceased, the overall compensation awarded by the

Tribunal is just and reasonable. Hence, he sought for

dismissing the appeal.

7. Heard learned counsel for the parties.

Perused the judgment and award.

8. It is not in dispute that claimant has

suffered injuries in a road traffic accident occurred on

12.06.2016 due to rash and negligent driving of the

driver of the bus bearing Registration

No.TN-01/AN-0946. Due to the accident, the claimant

has suffered grievous injuries. The only ground which

is raised by the appellant is that the multiplier

adopted by the Tribunal is wrong. The same is

contrary to the judgment of the Hon'ble Apex Court in

the case of Sarla Verma (Smt) and Others Vs. Delhi

Transport Corporation and Another reported in

(2009) 6 SCC 121.

It is not in dispute that at the time of accident,

the claimant was aged about 46 years. The multiplier

applicable to the age group for 46 - 50 years is '13'.

Accordingly, the multiplier has to be considered as

'13'. Thus, the claimant is entitled for compensation

of Rs.2,62,080/- (Rs.12,000/- X 12 X 13 X 14%) on

account of 'loss of future income'.

The compensation awarded by the Tribunal on

the other heads are retained intact.

9. Thus, the claimant is entitled to the

following compensation:

As awarded As awarded Compensation under by the by this different Heads Tribunal Court (Rs.) (Rs.) Pain and sufferings 1,00,000/- 1,00,000/- Towards medical 7,447/- 7,447/-

expenses Towards Nourishment 10,000/- 10,000/- and attendant charges Towards Conveyance 10,000/- 10,000/- allowance Towards loss of future 2,82,240/- 2,62,080/-

income due to permanent physical disability Loss of income during 12,000/- 12,000/- laid up period Towards future medical 15,000/- 15,000/- expenses/surgery Towards loss of 25,000/- 25,000/-

amenities
               Total          4,61,687/-         4,41,527/-

10. In the result, the appeal is allowed in

part. The judgment of the Claims Tribunal is modified.

The claimant is entitled to a total compensation

of 'Rs.4,41,527/-' as against 'Rs.4,61,687/-'

awarded by the Tribunal.

In view of judgment of the Division Bench of this

Court in the case of 'MS.JOYEETA BOSE', the interest

awarded by the Tribunal interest at the rate of 9%

p.a. is scaled down to 6% p.a.

The Corporation is directed to deposit the

compensation amount along with interest at 6% p.a.

from the date of filing of the claim petition till the date

of realization, within a period of six weeks from the

date of receipt of copy of this judgment.

In view of disposal of the appeal, pending

applications are disposed of.

Sd/-

JUDGE

SSB