Karnataka High Court
The Divisional Manager vs Taramati on 7 March, 2022
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 7 T H DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
M.F.A. CROSS OBJECTION No.100203/2015 (MV)
C/W. M.F.A.NO.24520/2013 (MV D)
IN MFA.CROB.NO.100203/15
BETWEEN:
1. SMT TARAMATI W/O. VITHALRAO JINDE,
AGE: 48 YEARS, OCC: HOUSEHOLD,
R/O: HOUSE NO.412, 4TH CROSS,
BHARAT NAGAR, SHAHAPUR, BELAGAVI-590 003.
2. JEEVAN VITHALRAO JINDE,
AGE: 23 YEARS, OCC: STUDENT,
R/O: HOUSE NO.412, 4TH CROSS,
BHARAT NAGAR, SHAHAPUR, BELAGAVI-590 003.
3. RATNA VITHALRAO JINDE,
AGE: 18 YEARS, OCC: STUDENT,
R/O: HOUSE NO.412, 4TH CROSS,
BHARAT NAGAR, SHAHAPUR,
BELAGAVI-590003.
4. LAXMI VITHAL JINDE,
AGE: 17 YEARS, OCC: STUDENT,
R/O: HOUSE NO.412, 4TH CROSS,
BHARAT NAGAR, SHAHAPUR,
BELAGAVI-590003.
5. SANTOSH VITHALRAO JINDE,
AGE: 14 YEARS, OCC: STUDENT,
:2:
R/O: HOUSE NO.412, 4TH CROSS,
BHARAT NAGAR, SHAHAPUR,
BELAGAVI-590003.
...CROSS OBJECTORS
(BY SRI VITTHAL S. TELI, ADVOCATE)
AND
THE DIVISIONAL MANAGER,
K.S.R.T.C. HASSAN DIVISION,
B.M. ROAD, HASSAN,
THROUGH ITS DIVISIONAL
CONTROLLER, K.S.R.T.C., BELAGAVI-590001.
..RESPONDENT
(BY SRI S.C.BHUTI, ADVOCATE)
THIS CROSS OBJECTION IS FILED UNDER ORDER 41 RULE
22 OF C.P.C. AND PRAYS THAT THE JUDGMENT AND AWARD
DATED 26.07.2013 IN MVC.NO.1908/2012 PASSED BY THE V
ADDL. DISTRICT JUDGE AND VI ADDL. M.A.C.T., BELAGAVI IN
AWARDING THE COMPENSATION OF RS.15,76,000/- WITH 9%
FROM THE DATE OF PETITION AND MAY BE KINDLY MODIFIED
BY ENHANCED AS PRAYED WITH 18% INTEREST, IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MFA.NO.24520/13
BETWEEN
THE DIVISIONAL MANAGER,
K.S.R.T.C. HASSAN DIVISION,
B.M. ROAD, HASSAN,
THROUGH ITS DIVISIONAL
CONTROLLER, K.S.R.T.C., BELGAUM-590 001,
NOW BY THE MANAGING DIRECTOR,
K.S.R.T.C, CENTRAL OFFICE,
K.H. ROAD, BANGALORE-560 027,
REPRESENTED BY ITS,
CHIEF LAW OFFICER.
...APPELLANT
(BY SRI S.C.BHUTI, ADVOCATE)
:3:
AND :
1. SMT TARAMATI W/O.VITHALRAO JINDE,
AGE: 46 YEARS, OCC: HOUSEHOLD,
R/O: HOUSE NO.412, 4TH CROSS,
BHARAT NAGAR, SHAHAPUR, BELGUAM-590 003.
2. SRI JEEVAN VITHALRAO JINDE,
AGE: 21 YEARS, OCC: STUDENT,
R/O: HOUSE NO.412, 4TH CROSS,
BHARAT NAGAR, SHAHAPUR, BELGUAM-590 003.
3. KUMARI RATNA VITHALRAO JINDE,
AGE: 16 YEARS, OCC: STUDENT,
R/O: HOUSE NO.412, 4TH CROSS,
BHARAT NAGAR, SHAHAPUR, BELGUAM-590 003.
MINOR REPRESENTED GUARDIAN/MOTHER,
RESPONDENT NO.1.
4. KUMARI LAXMI VITHAL JINDE,
AGE: 14 YEARS, OCC: STUDENT,
R/O: HOUSE NO.412, 4TH CROSS,
BHARAT NAGAR, SHAHAPUR, BELGUAM-590 003.
MINOR REPRESENTED GUARDIAN/MOTHER,
RESPONDENT NO.1.
5. KUMAR SANTOSH VITHALRAO JINDE,
AGE: 12 YEARS, OCC: STUDENT,
R/O: HOUSE NO.412, 4TH CROSS,
BHARAT NAGAR, SHAHAPUR, BELGUAM-590 003.
MINOR REPRESENTED GUARDIAN/MOTHER,
RESPONDENT NO.1.
..RESPONDENTS
(BY SRI VITTHAL S.TELI, ADV. FOR RESPONDENT NOS.1 TO 5)
THIS M.F.A. IS FILED U/SEC.173(1) OF M.V.ACT 1988,
AND PRAYED TO MODIFY/SET ASIDE THE JUDGMENT AND
AWARD DATED 26.07.2013, PASSED IN MVC.NO.1908/2012 ON
:4:
THE FILE OF THE 5TH ADDL. DISTRICT AND SESSIONS JUDGE
AND 6TH ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL,
BELGAUM, IN RESPECT OF FIXING THE LIABILITY ON THE
APPELLANT AND ALSO THE QUANTUM OF AWARD AMOUNT, IN
THE INTEREST OF JUSTICE AND EQUITY.
BOTH THESE M.F.A. CROSS OBJECTION AND M.F.A.
APPEAL ARE COMING ON FOR ADMISSIONS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
M.F.A.No.24520/2013 is filed by the K.S.R.T.C.
and M.F.A. Cross Objection No.100203/2015 is filed by
the mother, unmarried sib lings of the deceased.
2. The ad mitted facts are that an accident that
had occurred on 06.05.2011 and the Truck being driven
by the d eceased-Jag annath and the K.S.R.T.C. Bus
collided with each other. The deceased-Jag annath
Vithalrao Jind e died on the spot.
3. The Tribunal on assessment of the evid ence
came to the conclusion that the accid ent occurred due
to the neg ligence on the p art of the driver of the
K.S.R.T.C. Bus and it also assessed the compensation
and d etermined that a sum of Rs.15,76,000/- was
payable to the claimants. In order to come to the said
conclusion, the Tribunal determined the monthly income
of the deceased at Rs.9,000/-.
4. The learned counsel for the appellant-
K.S.R.T.C. submits that the evid ence on record clearly
indicated that the deceased-Truck driver was also
responsible for the accident. According to him, the
accid ent had occurred when the deceased tried to take
a right turn sudd enly without any ind ication and at that
time both his head and arms were stretched outside the
vehicle and the evid ence indicates that both arms and
the head were severed and was lying on the spot, thus
proving that he was neglig ent.
5. The learned counsel for the cross objectors-
claimants on the other hand contends that the spot
sketch p repared and p roduced at Ex.P.4 coupled with
the M.V.I. report clearly indicate that the K.S.R.T.C.
Bus had collided with the Truck on the right hand side
edge of the Truck and the Bus and the impact was so
powerful that the Bus itself found lying on the centre o f
the road . He submitted that this Ex.P.4 which ind icated
that the Lorry was traveling on the left sid e of the road
and the Bus was lying on the centre of the road by itself
established that the accid ent occurred only d ue to the
negligence by the d river of the K.S.R.T.C. Bus.
6. He further submits that the Tribunal had erred
in consid ering the monthly income of the d eceased only
at Rs.9,000/- and had committed an error in not
awarding future prosp ects. He also submitted that the
multiplier of 17 adopted was incorrect g iven the age of
the claimants.
7. A perusal of the Ex.P.4, which justifies the
contention of the learned counsel for the Cross-
objectors/claimants. Ex.P.4 ind icates that the Lorry was
found to be traveling on the left side of the road .
Whereas, the K.S.R.T.C. Bus after imp act was and lying
on the centre of the road. Further, the M.V.I. report
also indicate that the front b umper and front shape of
the right sid e of the K.S.R.T.C. Bus was damag ed,
which ind icates that the collision was to the right side
of the K.S.R.T.C. Bus. If, as a matter of fact, the
deceased was trying to take a right turn, these
damages would not have happened only happens on the
right side of the Bus and would have occurred only to
the centre of the vehicle. The damag es in resp ect of the
Truck also ind icate that the Truck suffered only
damages to its right sid e, which cannot be possib le, if
Truck was infact taking a turn. The Tribunal was
therefore justified in coming to the conclusion that the
accid ent occurred due to the neglig ence of the
K.S.R.T.C. Bus driver alone.
8. The Tribunal has taken the monthly income of
the d eceased, who was ag ed 21 years as per the driving
license issued in his favour as Rs.9,000/-. In respect of
heavy goods vehicle d river, thus monthly income of
Rs.9,000/- is definitely on the lower sid e. Having reg ard
to the age of the deceased, it is evident that he would
be working for much longer periods and therefore would
be earning more. Therefore, I am of the view that the
deceased being just 21 years old, the monthly income
should be taken as Rs.10,000/- instead of Rs.9,000/-.
9. To the said monthly income of Rs.10,000/-,
future prospects of 40% is required to be add ed and
multiplier of 18 will have to be taken into consid eration.
Since the deceased was a b achelor, 50% of the above
income of Rs.14,000/- will have to be deducted towards
his p ersonal expend iture, which makes his monthly
income at Rs.7,000/- for the p urposes of computing
comp ensation.
10. Thus, the cross-objectors/claimants would b e
entitled to a sum of Rs.7,000/- X 12 X 18 =
Rs.15,12,000/- towards loss of depend ency. In addition,
the claimants b eing the mother, un-married brothers
and sisters would also be entitled to a sum of
Rs.44,000/- each toward s loss of love and affection.
The claimants would also entitled to a sum of
Rs.33,000/- und er the conventional head s. In all, the
claimants would be entitled to Rs.17,65,000/- as
ag ainst Rs.15,76,000/- award ed by the Tribunal.
11. The said amount of comp ensation will carry
interest at the rate of 6% per annum from the d ate of
petition till the date of p ayment as against the interest
at the rate of 9% per annum awarded by the Tribunal.
12. The appeal of the K.S.R.T.C.
(MFA.No.24520/2013) is accordingly dismissed and
(MFA.CROB.No.100203/2015) of the Cross-
objectors/claimants is allowed in part.
13. Amount deposited in MFA.No.24520/2013 shall
be transmitted to the Trib unal for disbursement
forthwith.
14. Insurance Comp any shall deposit enhanced
comp ensation amount within a period of four weeks
from the d ate of receipt of a copy of this Judgment.
SD
JUDGE
ckk
