Karnataka High Court
The Divisional Controller vs Umesh S/O. Bheemanna Choudary on 31 March, 2022
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 31ST DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 21267 OF 2012 (MV-D)
C/W
MFA CROSS OBJ NO. 100052 OF 2020
IN MFA No. 21267/2012:
BETWEEN:
THE DIVISIONAL CONTROLLER
KSRTC, BELLARY DIVISION,
BELLARY.
THE APPELLANT IS REPRESENTED BY
ITS CHIEF LAW OFFICER,
CENTRAL OFFICE SARIGE SADANA, GULBARGA.
...APPELLANT
(BY SRI. SHIVAKUMAR S BADAWADAGI, ADVOCATE)
AND:
1. UMESH S/O. BHEEMANNA CHOUDARY
AGE: 43 YEARS, OCC: NOT KNOWN,
2. SMT. SHAKUNTALA W/O. UMESH CHOUDARY
AGE: 41 YEARS, OCC: HOUSEHOLD
BOTH ARE R/O. SIRIGERE CROSS,
SHIRAGUPPA, TQ: SHIRAGUPPA,
DIST: BELLARY.
3. HANUMANTHARAYYA S/O. BALAPPA MADAR
AGE: 28 YEARS, OCC: DRIVER, KSRTC
-2-
MFA No. 21267 of 2012
C/W MFA.CROB No. 100052 of 2020
BUS NO.KA-34/F-932,
SHIRAGUPPA DEPOT,
DIST: BELLARY.
...RESPONDENTS
(BY SRI. A S PATIL, ADV. FOR R1;
SRI. M. AMAREGOUDA, ADV. FOR R2;
R3- NOTICE DISPENSED WITH)
THIS M.F.A FILED UNDER SECTION 173(1) OF M.V. ACT,
AGAINST THE JUDGMENT AND AWARD DTD:13-01-2012
PASSED IN MVC.NO.1104/2011 ON THE FILE OF THE
MEMBER, MACT-II, BELLARY, AWARDING THE
COMPENSATION OF RS.7,47,000/- WITH INTEREST AT THE
RATE OF 6% P.A., FROM THE DATE OF PETITION TILL THE
DATE OF DEPOSIT.
IN MFA Crob No.100052/2020:
BETWEEN:
1 UMESH S/O. BHEEMANNA CHOUDARY
AGE: 51 YEARS (FATHER OF DECEASED
SAI CHAITHANYA)
2 SMT. SHAKUNTHALA W/O. UMESH
AGE: 49 YEARS (MOTHER OF DECEASED
SAI CHAITHANYA
BOTH ARE RESIDING AT SIREGERE CROSS,
SIRUGUPPA TALUK, BALLARI DIST.
...APPELLANTS
(BY SRI. AMAREGOUDA S. BADAWADAGI, ADVOCATE)
-3-
MFA No. 21267 of 2012
C/W MFA.CROB No. 100052 of 2020
AND:
1. HANUMANTHARAYYA MADAR S/O. BALAPPA
AGE: 36 YEARS, OCC: DRIVER OF KSRTC BUS
BEARING NO.KA-34/F-932,
R/O. SIRUGUPPA DEPOT,
SIRUGUPPA, DIST: BELLARY-583100.
2. THE DIVISIONAL CONTROLLER
KSRTC, BELLARI DIVISION,
BELLARI-583100.
...RESPONDENTS
(BY SRI. A S PATIL, ADV. FOR R1 AND R2;
SRI. M. AMAREGOUDA, ADV. FOR R2;
R3- NOTICE DISPENSED WITH)
THIS M.F.A CROB IN MFA NO.21267/2012 FILED UNDER
ORDER 41 RULE 22 OF CPC., AGAINST THE JUDGMENT AND
AWARD DATED 13.01.201 PASSED IN MVC NO.1104/2011 ON
THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS
TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THESE APPEALS ARE COMING ON FOR ADMISSION,
THIS DAY, THE COURT MADE FOLLOWING;
JUDGMENT
MFA Crob No. 100052/2020 is filed by the claimants
seeking for enhancement.
MFA No. 21267 of 2012
C/W MFA.CROB No. 100052 of 2020
2. NWKRTC is in appeal in M.F.A. No.21267/2012
contending that its bus was wrongly implicated. It is the
case of the NWKRTC that their bus did not have any
impact with the rider of the motorcycle who was stated to
have been killed in a motor vehicle accident.
3. The Motor Vehicle Inspection Report which is
produced at Ex.P.5, indicates that in the inspection
conducted on 06.08.2011 revealed that the left side
bumper and show corner of the bus had been damaged
while the right-side break-lever, silencer, indicator and
footrest of the two wheeler had been damaged. This
clearly indicates that there were clear visible signs of an
impact between the bus and the two wheeler and
therefore the argument that the bus was not involved,
cannot be accepted.
4. In fact the Police have also filed charge sheet
on driver of the bus and the driver of the bus has also
admitted that the bus was seized.
MFA No. 21267 of 2012
C/W MFA.CROB No. 100052 of 2020
5. In my view, having regard to these factors, the
involvment of the motor vehicle in the accident stood
proved and the Tribunal was justified in coming to the said
conclusion.
6. As far as the quantum is concerned, the
deceased was aged 20 years and was a student studying
in the 4th year of the Bachelor of Engineering Course.
7. The Tribunal has determined the monthly
income of the deceased at Rs.6,000/- per month. In my
view, this assessment would be wholly improper, having
regard to the fact that the deceased was studying in the
final year of his engineering course.
8. The Division Bench of this Court in respect of an
accident involving a diploma student in MFA
No.102137/2014 adopted the income determined in MFA
No.294/2006 which was also in relation to a diploma
student and determined the income at Rs.20,000/- per
month. Since, in the present case, the deceased was an
MFA No. 21267 of 2012
C/W MFA.CROB No. 100052 of 2020
engineering student, the adoption of Rs.20,000/-per
month would be the appropriate notional monthly income.
9. To the said sum of Rs. 20,000/- future
prospectus at 40% would have been added, which would
result in the income to be Rs. 28,000/-.
10. As the deceased was a bachelor, 50% of the
said income would have to be deducted towards his
personal expenses, which would result in his monthly
income to be Rs. 14,000/-. Since the deceased was aged
20 years, a multiplier of 18 would have to be adopted.
Consequently, the claimant would be entitled to a sum of
Rs.30,24,000/- (i.e.14,000X12X18) towards loss of
dependency.
11. In additional the claimants would be entitled to
a sum of Rs. 44,000/- each towards loss of consortium
and also Rs.33,000/- under the conventional heads.
12. In all the claimant would be entitled to the
following sum:
MFA No. 21267 of 2012
C/W MFA.CROB No. 100052 of 2020
1 Loss of dependency 30,24,000/-
2 Loss of consortium 88,000/-
Rs.44,000X2)
3 Under the conventional heads 33,000/-
Total Rs.31,45,000/-
13. Thus, the claimant is entitled for total
compensation of Rs.31,45,000/- as against the sum of
Rs.7,47,000/- awarded by the Tribunal. However, the
claimants are not entitled interest for the delayed period of
2659 days in filing cross objections.
14. In view of the above, I pass the following:
ORDER
(i) The M.F.A. No.21267/2012 filed by
the Insurance Company is dismissed.
(ii) The M.F.A. Crob No.100052/2020
filed by the claimants is allowed in
part,
(iii) The Judgment and Award dated
13.01.2012 passed in MVC
MFA No. 21267 of 2012
C/W MFA.CROB No. 100052 of 2020
No.1104/2011, on the file of the
Motor Accidents Claim Tribunal-II,
Bellary, is hereby modified. The
claimants are entitled to a total
compensation of Rs.31,45,000/- as
against the sum of Rs.7,47,000/-
awarded by the Tribunal. The
enhanced compensation of
Rs.23,98,000/- shall carry interest @
6% p.a. from the date of claim
petition till the date of deposit.
However, the claimants are not
entitled interest for the delayed
period of 2659 days in filing cross
objections.
(iv) The Insurance Company/respondent
is directed to deposit the enhanced
compensation after deducting the
compensation already paid along
with interest before the Tribunal
MFA No. 21267 of 2012
C/W MFA.CROB No. 100052 of 2020
within a period of 90 days from the
date of receipt of certified copy of
this judgment,
Sd/-
JUDGE
SMM
