Karnataka High Court
The Managing Director vs Galappa @ Goleppa on 7 March, 2022
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 7TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
M.F.A.CROB.No.100044/2014 (MV)
C/W. M.F.A.NO.24272/2013 (MV)
IN MFA.CROB.NO.100044/14
BETWEEN:
1. GALAPPA @ GOLEPPA S/O. NINGAPPA BALIKAI,
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O: BELLIGATTI VILLAGE, TALUK AND DIST: HAVERI.
2. SMT. GANGAVVA W/O. GALAPPA @ GOLEPPA BALIKAI,
AGE: 46 YEARS, OCC: HOUSEHOLD WORK,
R/O: BELLIGATTI VILLAGE,
TALUK AND DIST: HAVERI.
..... CROSS OBJECTORS
(BY SRI VEERESH S. GADDAD, ADVOCATE)
AND
1. THE MANAGING DIRECTOR,
NWKRTC, GOKUL ROAD,
HUBLI, DIST: DHARWAD.
2. SELF INSURANCE FUND
NORTH WEST KARNATAKA ROAD,
TRANSPORTATION CORPORATION,
HUBLI.
...RESPONDENTS
(BY SRI MADANMOHAN M.KHANNUR, ADVOCATE FOR
RESPONDENT NOS.1 & 2)
:2:
THIS M.F.A. CROSS OBJECTION IS FILED UNDER ORDER
XLI RULE 22 OF C.P.C. AND PRAYED TO DISMISS THE APPEAL
FILED BY THE RESPONDENT-CORPORATION AND ENHANCE THE
COMPENSATION AWARDED IN M.V.C.NO.749/2012 ON THE FILE
OF III ADDITIONAL SENIOR CIVIL JUDGE AND ADDL.M.A.C.T.,
DHARWAD DATED 27.08.2013 BY ALLOWING THIS CROSS
OBJECTION.
IN MFA.NO.24272/13
BETWEEN
1. THE MANAGING DIRECTOR,
N.W.K.R.T.C., GOKUL ROAD,
HUBLI, DIST: DHARWAD.
2. SELF INSURANCE FUND
NORTH WEST KARNATAKA ROAD,
TRANSPORTATION CORPORATION,
OWNER AND SELF INSURER OF THE
BUS BEARING ITS REGN. NO.KA-27/F/383.
...APPELLANTS
(BY SRI MADANMOHAN M.KHANNUR, ADVOCATE)
AND
1. GALAPPA @ GOLEPPA S/O. NINGAPPA BALIKAI,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O: BELLIGATTI VILLAGE,
TALUK AND DIST: DHARWAD.
2. SMT GANGAVVA W/O.GALAPPA BALIKAI,
AGE: 45 YEARS, OCC: HOUSEHOLD WORK,
R/O: BELLIGATTI VILLAGE,
TALUK AND DIST: DHARWAD.
...RESPONDENTS
(BY SRI VEERESH S. GADDAD, ADVOCATE FOR
RESPONDENT NOS.1 & 2)
:3:
THIS M.F.A. IS FILED U/S.173(1) OF M.V.ACT, PRAYING
TO SET ASIDE THE JUDGMENT AND AWARD DATED 27-08-2013
PASSED IN MVC NO.749/2012 ON THE FILE OF III ADDL.
SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, DHARWAD.
BOTH MFA CROSS OBJECTION AND M.F.A. APPEAL ARE
COMING ON FOR ADMISSION, THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
JUDGMENT
M.F.A.No.24272/2013 is filed by the N.W.K.R.T.C. and
M.F.A. Crob.No.100044/2014 is by the claimants.
2. The fact that an accident occurred on 13.04.2012
which resulted in the death of Basavaraj Balikai is not in dispute.
3. The Tribunal has come to the conclusion that the
deceased was aged about 24 years and it has taken the notional
monthly income of the deceased as Rs.6,000/- and ultimately
awarded the following sums :
1. Loss of love and affection Rs.50,000/-
2. Loss of estate Rs.50,000/-
3. Transportation charges and funeral Rs.25,000/-
expenses.
4. Loss of dependency Rs.7,56,000/-
Total Rs.8,81,000/-
4. The learned counsel for the Cross objectors contends
that the sums awarded by assuming the notional monthly income
of Rs.6,000/- is on the lower side. He also contends that the
sums awarded under the other heads are also on the lower side.
5. The learned counsel for the N.W.K.R.T.C. contends
that the accident occurred due to the contribution of negligence
of the deceased and therefore the award is exorbitant.
6. The Tribunal on consideration of the evidence has
recorded a clear finding that there was no negligence on the part
of the deceased and the allegation made by the N.W.K.R.T.C.
has not been established. Thus, the argument that contributory
negligence was to be imputed to the deceased cannot be
accepted.
7. The Tribunal has adopted the multiplier '14' taking into
consideration the age of the parents of the deceased. This is
obviously impermissible. Further, since there was no
documentary evidence, the Tribunal has assessed the monthly
income of Rs.6,000/-. However, as per the chart prepared by the
Karnataka Legal Services Authority in respect of accidents which
occurred in the year 2012, in the absence of the documentary
evidence, the monthly income is required to be taken as
Rs.6,500/- and it is accordingly taken as Rs.6,500/-.
8. The deceased, being 24 years old, the multiplier 18
would have to be adopted and a factor of 40 is alsorequired to be
added as future prospects. Resulting in the monthly income to be
Rs.9,100/-. Since the deceased was a bachelor, out of the said
sum, 50% would have to be deducted, thus resulting in the
income coming to Rs.4,550/-. The claimants i.e., Cross
objectors, would therefore be entitled to a sum of Rs.4,550/- X
12 X 18= Rs.9,82,800/- towards loss of dependancy.
9. The claimants being the parents would also be entitled
to loss of filial consortium at Rs.44,000/- each. In other words,
both claimants would be entitled together a sum of Rs.88,000/-
apart from a sum of Rs.16,500/- towards loss of estate,
Rs.16,500/- towards funeral expenses in accordance with the
Judgment rendered by the Hon'ble Apex Court in the case of
National Insurance Company Limited V/s Pranay Sethi
and others, reported in (2017) 16 SCC 680. In all the
claimants would be entitled to a sum of Rs.11,03,800/- as
against Rs.8,81,000/- awarded by the Tribunal with interest at
the rate of 6% per annum from the date of petition till the date
of deposit.
The order regarding apportionment and disbursement
passed by the Tribunal holds good.
The appeal filed by the N.W.K.R.T.C. is dismissed and the
cross objection filed by the claimants is accepted in part.
The enhanced compensation shall be deposited within a
period of four months from the date of receipt of a copy of this
Judgment.
Amount deposited in M.F.A.No.24272/2013 be transmitted
to the concerned Tribunal for disbursement forthwith.
SD
JUDGE
ckk
