Karnataka High Court
The Managing Director, ... vs Annapurna W/O Shankaragouda ... on 19 September, 2022
Bench: H.P.Sandesh
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MFA No. 21426 of 2012
C/W MFA.CROB No. 941 of 2012
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 19TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO. 21426 OF 2012 (MV-D)
C/W
MFA CROSS OBJ NO. 941 OF 2012
IN MFA No.21426/2012
BETWEEN:
THE MANAGING DIRECTOR,
N.W.K.R.T.C.,
NORTH WEST DIVISION, KSRTC,
GOKUL ROAD, HOSUR, HUBLI,
REP. BY ITS DEPOT MANAGER,
N.W.K.R.T.C., HIREKERUR,
HAVERI DIST.
...APPELLANT
(BY SRI. VEENA HEGDE, ADVOCATE)
AND:
1. SMT. ANNAPURNA W/O SHANKARAGOUDA PATIL
AGE: 51 YRS, OCC: HOUSEHOLD WORK,
R/O DOODIHALLI, TALUK: HIREKERUR,
HAVERI DIST.
2. SHRI. SHANKARAGOUDA SHIVANAGOUDA PATIL
AGE: 59 YRS, OCC: AGRICULTURE,
R/O DOODIHALLI, TQ: HIREKERUR,
DIST: HAVERI
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MFA No. 21426 of 2012
C/W MFA.CROB No. 941 of 2012
...RESPONDENTS
(BY SRI. G S HULMANI, ADVOCATE FOR R1 & R2)
THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST
JUDGMENT AND AWARD DTD:04-11-2011, PASSED IN
MVC.NO.552/2009 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE
AND MEMBER, ADDL. MACT, RANEBENNUR, AWARDING THE
COMPENSATION OF RS.4,16,200/- WITH INTEREST AT THE RATE OF
6% P.A., FROM THE DATE OF PETITION TILL REALISATION.
IN MFA CROB. No.941/2012
BETWEEN:
1. SMT. ANNAPURNA W/O. SHANKARAGOUDA PATIL,
AGE 51 YEARS, OCC: HOUSEHOLD WORK.
2. SRI. SHANKARAGOUDA S/O. SHIVANAGOUDA PATIL,
AGE 59 YEARS, OCC: AGRICULTURE.
BOTH THE CROSS OBJECTORS ARE
R/O. DOODIHALLI, TQ. HIREKERUR,
DIST. HAVERI.
....CROSS OBJECTORS
(SRI. G.S.HULMANI, ADVOCATE FOR CROSS-OBECOTRS)
AND:
THE MANAGING DIRECTOR,
NWKRTC, NORTH WEST DIVISION, HUBLI,
REP. BY ITS DEPOT MANAGER,
NWKRTC, HIREKERUR.
....RESPONDENT
(SMT. VEENA HEGDE, ADVOCATE FOR RESPONDENT)
THIS MFA CROB IS FILED UNDER ORDER 41 RULE 22 OF CPC,
AGAINST THE JUDGMENT AND AWARD DATED 04.11.2011 PASSED
IN MVC No.552/2009 ON THE FILE OF THE ADDL. SENIOR CIVIL
JUDGE AND MEMBER, ADDL. MACT, RANEBENNUR, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
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MFA No. 21426 of 2012
C/W MFA.CROB No. 941 of 2012
THESE APPEAL AND CROSS OBJECTIONS COMING ON FOR
ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING
HEARING THIS DAY, THE COURT PASSED THE FOLLOWING:
JUDGMENT
Heard the appellant counsel and also the cross-
objectors.
2. This appeal and the cross objection are filed,
challenging the Judgment and award dated 04.11.2011
passed in MVC No.552/2009 by the Additional Senior Civil
Judge and Addl. MACT, at Ranebennur.
3. The factual matrix of the case of the claimant is
that, on 29.11.2008, the deceased Harish was going on
the motorcycle and at that time, the KSRTC bus came in
the opposite direction in a rash and negligent manner and
caused the accident, as a result, the deceased sustained
fatal injuries and during the course of treatment in the
Hospital, he died on 06.01.2009. Hence, the parents of the
deceased made claim before the tribunal stating that they
have spent an amount of Rs.1,00,000/- for treatment and
also he was doing business and also agriculture and
MFA No. 21426 of 2012
C/W MFA.CROB No. 941 of 2012
hence, claimed the compensation that he was earning
Rs.5,000/-. The tribunal after considering both the oral
and documentary evidence, awarded compensation of
Rs.4,16,200/- with 6% interest.
4. The main contention of the NWRKTC counsel
before this Court is that, instead of deducting 50%, 1/3rd
has been deducted and committed an error in awarding
higher compensation.
5. Per contra, learned counsel appearing for the
cross-objectors would submits that, the tribunal has taken
only Rs.3,000/- per month as income and the accident has
taken place in the year 2008 and the notional income for
the year 2008 would be Rs.4,250/- and the P.W.2 also
deposed before the Court that, he was working under him
and getting salary of Rs.4,500/- per month and he has
also issued Ex.P.10 the Provisional Store letter and also
signature of the witness i.e. P.W.2 is also marked as
Ex.P.10(a) and hence, the compensation awarded is very
meager. The counsel also would submits that, the
MFA No. 21426 of 2012
C/W MFA.CROB No. 941 of 2012
compensation granted under the other heads are also very
meager and hence, it requires interference.
6. Having heard the respective counsel and also
on perusal of the material available on record, the point
that would arise for consideration of this Court are:
(i) Whether the tribunal has committed an error in
awarding exorbitant compensation?
(ii) Whether the tribunal has committed an error in not
awarding just and reasonable compensation?
(iii) What order?
7. Answer to Point Nos.1 and 2 : Having heard
the respective counsel and also on perusal of the material,
the claimants have claimed that, the deceased was
working with P.W.2 and the P.W.2 also examined before
the Court and he comes and deposes before the Court
that, he was giving salary of Rs.150/- per day and he was
working in their shop and the tribunal has taken the
income of the deceased as Rs.3,000/- per month and in
the absence of any documentary proof also the tribunal
MFA No. 21426 of 2012
C/W MFA.CROB No. 941 of 2012
ought to have taken the notional income of Rs.4,250/- per
month. Having taken the notional income of Rs.4,250/-
and also the deceased was aged about 19 years, 40% has
to be added. If 40% is added to Rs.4,250/-, it comes to
Rs.5,950/-. Out of Rs.5,950/- 50% has to be deducted. If
it is deducted, it comes to Rs.2,975/-. Hence, the loss of
dependency would be Rs.2,975/-X12X18=6,42,600/-.
The claimants are the parents and hence, they are entitle
for compensation of Rs.40,000/- each under the head of
loss of love and affection and in total Rs.80,000/- is
awarded, and apart from that, an amount of Rs.33,000/-
is awarded under the head of loss of estate and funeral
expenses. In all the claimants are entitle for compensation
of Rs.7,55,600/-.
8. Answer to Point No.3: In view of the
discussions made above, I pass the following:
ORDER
The appeal is allowed and the cross-objection is also
allowed.
MFA No. 21426 of 2012
C/W MFA.CROB No. 941 of 2012
The Judgment and decree dated 04.11.2011 in MVC
No.552/2009 by the Addl. Senior Civil Judge and Addl.
MACT, at Ranebennur is modified. In all the claimants are
entitle for compensation of Rs.7,55,600/- with 6% interest
as against Rs.4,16,200/-, awarded by the tribunal.
The amount in deposit if any, shall be transmitted to
the tribunal forthwith.
The NWKRTC is directed to pay the remaining
compensation to the claimants, within six weeks.
Registry to send back the TCRs if any, to the
concerned tribunal, forthwith.
Sd/-
JUDGE
SVH
