Karnataka High Court
Siddalakshmamma vs Managing Director on 22 November, 2022
Bench: H.P.Sandesh
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
M.F.A.NO.6298/2017 (MV-D)
BETWEEN:
SIDDALAKSHMAMMA
W/O LATE SHIVANNA
NOW AGED ABOUT 41 YEARS
R/AT. BASVAGUDDIPALYA
AGALAKOTE POST
MAGADI-562 120
RAMANAGARA DISTRICT. ... APPELLANT
(BY SRI RAGHU R, ADVOCATE)
AND:
MANAGING DIRECTOR
KSRTC, KH ROAD
SHANTHINAGARA
BENGALURU -560 001. ... RESPONDENT
(BY SRI D.VIJAYA KUMAR, ADVOCATE)
THIS M.F.A., IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 27.09.2016
PASSED IN MVC NO.410/2016 ON THE FILE OF THE I
ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU,
(SCCH-11), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS M.F.A., COMING ON FOR FINAL HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
2
JUDGMENT
Heard the learned counsel appearing for the appellant and
the learned counsel appearing for the respondent-KSRTC.
2. This appeal is filed by the claimant challenging the
judgment and award dated 27.09.2016 passed in
M.V.C.No.410/2016 on the file of the MACT., at Bengaluru
(SCCH-11) ('the Tribunal' for short), questioning the quantum of
compensation.
3. The parties are referred to as per their original
rankings before the Tribunal to avoid confusion and for the
convenience of the Court.
4. The factual matrix of the case of the claimant before
the Tribunal is that she is the only daughter of the deceased and
she was depending on the income of her mother and the mother
was making basket and earning Rs.12,000/- per month. Hence,
she is entitled for compensation.
5. The claimant in order to substantiate her case, she
examined herself as P.W.1 and got marked the documents as
Exs.P1 to P9. On the other hand, the respondent - KSRTC., has
examined one witness as R.W.1 and got marked the document
as Ex.R1-Interim compensation payment receipt for having paid
an amount of Rs.15,000/-.
6. The Tribunal after considering both oral and
documentary evidence placed on record assessed the
compensation on the heads of loss of estate, loss of love and
affection and conveyance, funeral and obsequies ceremonies, in
all awarded an amount of Rs.1,75,000/-. Hence, the present
appeal is filed before this Court for enhancement.
7. The contention of the learned counsel appearing for
the appellant is that the Tribunal committed an error in not
considering the loss of dependency. She has categorically
pleaded in the claim petition that she was depending on the
income of her mother and she is the only daughter. The
Tribunal committed an error in coming to the conclusion that the
claimant is also doing the work of making baskets. The accident
was occurred in the year 2015. Hence, not calculated the loss of
dependency and the very approach of the Tribunal is erroneous.
The Tribunal also failed to award the just and reasonable
compensation. Hence, it requires an interference of this Court.
8. Per contra, the learned counsel appearing for the
respondent-KSRTC., would submit that the daughter, who made
the claim is married and residing along with her husband and
she was not depending on the income of her mother. The
Tribunal while considering the loss of estate taken note of the
fact that she was not depending on her mother, on the other
hand, she was making basket work on her own. Hence, the
Tribunal has not committed an error.
9. Having heard the respective counsel and on perusal
of the material available on record, admittedly, she is the
daughter of the deceased. No doubt, in her evidence, she has
stated that she is also doing basket making work and the mother
is also doing the very same work and the fact that she was
married and staying along with her husband is not in dispute but
the fact is that the income what she was earning i.e., only for
her livelihood; she says that she is also doing and making of
baskets and the same is not a permanent source of income. In
view of the judgment of the Apex Court in the case of
NATIONAL INSURANCE COMPANY LIMITED v. BIRENDER
AND OTHERS reported in (2020) 11 SCC 356, even married
sons are entitled for compensation if they are not having a
definite source of income. When such being the case, the same
cannot be ruled out in applying the same to the married
daughter, who made the claim and there cannot be any
differentiation between the son and the married daughter. Here
also no case is made out to show that she was having a definite
source of income. When such being the case, when the mother
was earning, she was depending on her mother. Hence, the
Tribunal has committed an error and this Court has to consider
the loss of dependency.
10. Having considered the material on record,
particularly, post-mortem report-Ex.P8, which discloses that the
deceased mother was aged about 60 years and this was an
accident of the year 2015, the notional income would be
Rs.9,000/- per month. When the post-mortem report discloses
the age of 60 years; between the age group of 51 to 60 years,
10% has to be added to the income. If it is added, it comes to
Rs.9,900/-, after deducing 50%, it comes to Rs.4,950/-, after
applying the relevant multiplier 9, the loss of dependency comes
to Rs.5,34,600/- (9000+10%=9900-50%=4950x12x9).
11. Apart from that, the claimant is entitled for a sum of
Rs.40,000/- on the head of loss of love and affection and a
sum of Rs.33,000/- on the head of conveyance, funeral and
obsequies ceremonies.
12. In view of the discussions made above, I pass the
following:
ORDER
(i) The appeal is allowed-in-part.
(ii) The impugned judgment and award of the
Tribunal dated 27.09.2016 passed in
M.V.C.No.410/2016 is modified granting
compensation of Rs.6,07,600/- as against
Rs.1,75,000/- awarded by the Tribunal with
interest at 6% per annum from the date of
petition till its realisation.
(iii) The respondent-KSRTC., is directed to pay the
compensation amount with interest within six
weeks from today.
(iv) The Registry is directed to transmit the records
to the concerned Tribunal, forthwith.
Sd/-
JUDGE
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