The Divisional Controller, ... vs V Rathnamma W/O Late. V ...
2022 Latest Caselaw 11936 Kant

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                                         MFA No. 22536 of 2011
                                     C/W MFA No. 23028 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. 22536 OF 2011               (MV-D)


                             C/W
     MISCELLANEOUS FIRST APPEAL NO. 23028 OF 2012


IN MFA 22536/2011
BETWEEN:


      THE DIVISIONAL CONTROLLER, NEKRTC,
      HOSPET DIVISLION OFFICE, SITUATED AT MALVI,
      HB HALLI, REP: BY CHIEF LAW OFFICERCENTRAL OFFICE,
      SAREGE SADAN, GULBARGA,



                                                  ...APPELLANT
(BY SRI. PRAKASH N. HOSAMANE, ADVOCATE)

AND:


1.    SMT. V RATHNAMMA W/O LATE. V NARAYANAPPA
      AGED: 49 YEARS, OCC: HOUSEWIFE,

2.    V MANJUNATH S/O LATE. V NARAYANAPPA
      AGED: 26 YEARS, OCC: NOT KNOWN,

3.    V ARUNA KUMARI. D/O LATE. V NARAYANAPPA
      AGED: 24 YEARS, OCC: NOT KNOWN,

4.    V ANITHA D/O LATE. V NARAYANAPPA
      AGED: 20 YEARS, OCC: NOT KNOWN,

      ALL RESIDENTS OF WARD No.2, KAMMA STREET,
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                                        MFA No. 22536 of 2011
                                    C/W MFA No. 23028 of 2012

     KUDITHINI, BELLARY TALUK



                                                  ...RESPONDENTS
(SRI. Y. LAKSHMIKANTH REDDY AND
KUMARI. SOUBHAGYA S. VAKKUND, ADVOCATES FOR R1 TO R4)

      THIS MFA IS FILED U/SEC.173(1) OF M.V. ACT 1988, AGAINST
THE JUDGMENT AND AWARD DATED:24.01.2011, PASSED IN M.V.C.
NO.474/2010 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS
TRIBUNAL NO.X AT BELLARY, AWARDING THE COMPENSATION OF
RS.4,39,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE
DATE OF PETITION TILL ITS REALIZATION.

IN MFA No.23028/2012

BETWEEN:

1.     SMT. V. RATHNAMMA W/O. LATE VI NARAYANAPPA,
       AGED ABOUT 50 YEARS,

2.     V. MANJUNATH S/O. LATE V. NARAYANAPPA,
       AGED ABOUT 27 YEARS,

3.     KUM. V. ARUNA KUMARI D/O. LATE
       V. NARAYANAPPA, AGED ABOUT 25 YEARS,

4.     KUM. V. ANITHA D/O. LATE V. NARAYANAPPA,
       AGED ABOUT 21 YEARS,

       ALL ARE RESIDING AT WARD No.2,
       KAMMA STREET, KUDITHINI,
       BELLARY TALUK.

                                                   ...APPELLANTS
(SRI. Y. LAKSHIMAT REDDY, ADVOCATE FOR APPELLANTS)

AND:

THE DIVISIONAL CONTROLLER,
NEKSRTC, HOSPET DIVISION,
MALVI, H.B.HALLI
                                                  ...RESPONDENT
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                                       MFA No. 22536 of 2011
                                   C/W MFA No. 23028 of 2012

(SRI. PRKASH N. HOSAMANE, ADVOCATE FOR RESPONDENT)

     THIS MFA IS FILED UNDER SECTION 173(1) OF M.V.ACT,
AGAINST THE JUDGMENT AND AWARD DATED 24.01.2011 PASSED
IN MVC No.474/2010 ON THE FILE OF THE MEMBER MACT No.X,
BELLARY,  PARTLY   ALLOWING   THE  CLAIM  PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
     THESE APPEALS COMING ON FOR ORDERS THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING HEARING THIS DAY,
THE COURT PASSED THE FOLLOWING:


                       JUDGMENT

Heard the appellant counsel i.e. counsel for the

NWKRTC and for the claimants, questioning the quantum

of compensation and also not taking of contributory

negligence in the award passed in MVC No.474/2010 on

the file of Motor Accidents Claims Tribunal X, at Ballari,

dated 24.01.2011.

2. The factual matrix of the case of the claimants

before the tribunal is that, the motorcyclist was proceeding

on 07.02.2010 in his motorcycle and the driver of the

bus who came in the opposite direction driven the same in

a rash and negligent manner and dashed against him, as a

result he died on the spot and a case has been registered

MFA No. 22536 of 2011 C/W MFA No. 23028 of 2012

against him and the matter has been investigated and filed

charge-sheet. The claimants in order to prove their case,

examined one witness as P.W.1 and also examined P.W.2

and got marked Ex.P.1 to Ex.P.23. On the other hand, the

NWKRTC examined the driver of the bus as R.W.1 and not

marked any documentary evidence.

3. The tribunal after considering both oral and

documentary evidence awarded compensation of

Rs.4,39,000/- with 6% interest. Hence, the present two

appeals are filed by the NWKRTC and the claimants. The

NWKRTC in its appeal took the specific contention that, he

was an agriculturist and the tribunal ought not to have

considered the income of the deceased at anything more

than Rs.3,000/- per month and children are major and

ought not to have deducted 1/4th. On the other hand, the

claimants counsel would submits that, this is an accident

of the year 2010 and the income taken only Rs.4,000/-

and ought to have taken the notional income at Rs.5,500/-

. The tribunal also not added future prospectus and the

MFA No. 22536 of 2011 C/W MFA No. 23028 of 2012

deceased was aged about 55 years as on the date of the

accident and hence, 10% has to be added as future

prospectus. The counsel also would submits that, the

relevant multiplier applicable is '11''.

4. Having heard the respective counsel and also

on perusal of the material, the appoint that would arise for

consideration of this Court are:

(i) Whether the tribunal has committed an error in taking the higher income and awarded exorbitant compensation as contended by NWKRTC?

(ii) Whether the tribunal has committed an error in not awarding just and reasonable compensation?

(iii) What order?

5. Answer to Point Nos.1 & 2 : Having heard

the respective counsel and also on perusal of the material,

the deceased was aged about 55 years in terms of the

postmortem report and the claimants are wife and three

children. No doubt all the three children are major at the

time of filing the petition, in view of the Judgment of the

MFA No. 22536 of 2011 C/W MFA No. 23028 of 2012

Apex Court in the case of NATIONAL INSURANCE

COMPANY LTD., VS. BIRENDER AND OTHERS (2020

ACJ 759), the contention of the NWKRTC cannot be

accepted. It is the claim of the claimant that the deceased

was an agriculturist and contractor and in order to show

that he was working as contractor, no material is placed

before the Court. However, the tribunal has committed an

error by taking the income of Rs.4,000/- as against

notional income of Rs.5,500/- and there are four claimants

and hence, 1/4th has to be deducted and rightly the

tribunal deducted 1/4th. The very contention of the

NWRKTC counsel that 1/4th deduction is erroneous and the

said contention cannot be accepted. Having taken note of

the income of Rs.5,500/- and also adding 10%, it comes

to Rs.6,050/-. 1/4th has to be deducted and after

deducting 1/4th, it comes to Rs.4,537/-

X12X11=5,98,884/-. The claimants are also entitle for

compensation of Rs.40,000/- each under the head of loss

of love and affection, which in total would be

Rs.1,60,000/-. Apart from that, Rs.33,000/- is awarded

MFA No. 22536 of 2011 C/W MFA No. 23028 of 2012

under the head of loss of estate and funeral expenses. In

all the claimants are entitle for compensation of

Rs.7,91,884/-.

6. Answer to Point No.3 : In view of the

discussions made above, I pass the following:

ORDER

The appeal filed by the NWKRTC is dismissed and the

appeal filed by the claimants is allowed in part.

The Judgment and award dated 24.01.2011 passed

in MVC No.474/2010 by the MACT No.X, at Bellary, is

modified. The claimants are entitle for compensation of

Rs.7,91,884/- with 6% interest as against Rs.4,39,000/-,

awarded by the tribunal.

The NWKRTC is directed to deposit the remaining

compensation amount, within a period of six weeks.

MFA No. 22536 of 2011 C/W MFA No. 23028 of 2012

The amount in deposit, if any, shall be transmitted to

the trial Court, forthwith.

The Registry is directed to send back the TCRs if

any, to the concerned tribunal, forthwith.

Sd/-

JUDGE

SVH