Karnataka High Court
Sri Srinivas J vs The Managing Director on 6 December, 2023
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NC: 2023:KHC:44410
MFA No. 4285 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
MFA NO. 4285 OF 2020 (MV-D)
BETWEEN:
1. SRI SRINIVAS J
S/O LATE JUNJAPPA
AGED ABOUT 53 YEARS
2. SMT. VARALAKSHMI S.
W/O SRINIVAS J.
AGED ABOUT 44 YEARS
3. MR. PUNITH KUMAR S
S/O SRINIVAS J
AGED ABOUT 26 YEARS
ALL ARE R/AT NO.48, 6TH CROSS
BHAVANI NAGAR, KADRENAHALLI CROSS
BSK II STAGE, BEGNALRUU-560 070 ...APPELLANTS
(BY SMT. KAMALA D K., ADV.)
AND:
Digitally signed by
MALA K N 1. THE MANAGING DIRECTOR
TAMIL NADU STATE TRANSPORT CORPORATION
Location: HIGH COURT
OF KARNATAKA SALEM-7, NO.12, RAMAKRISHNA ROAD
REGIONAL OFFICE, DHARMAPURI-636 705
(R.C.OWNER OF BUS BEARING REGN
NO. TN 29 N 2314)
2. BRANCH OFFICE AT SATELLITE BUS STAND
MYSORE ROAD, BENGALURU
(REP. BY ITS BRANCH MANAGER) ...RESPONDENTS
(BY SRI. H.K.SATHEESH, ADV. FOR R1;
R2 SERVED)
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MFA No. 4285 of 2020
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 30.08.2018
PASSED IN MVC NO.1022/2017 ON THE FILE OF THE II
ADDITIONAL JUDGE AND XXVIII ACMM, COURT OF SMALL
CAUSES, M.A.C.T., BENGALURU (SCCH-13), PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
In this appeal, the petitioners have challenged
the judgment and award dated 30.08.2018 passed in
M.V.C.No.1022/2017 by the Additional Small Causes
Judge and the Motor Accident Claims Tribunal,
Bengaluru (SCCH-13) ('the Tribunal' for short).
2. For the sake of convenience, the rank of the
parties shall be referred to as per their status before
the Tribunal.
3. Brief facts of the case are, the son of
petitioner Nos.1 and 2 and brother of petitioner No.3
by name S.Puttaraju, the deceased, while riding
motor cycle bearing No.KA-05/HD-4911 from
Electronic City towards Bengaluru city on NH-07
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Hosur Main Road near Chikka Thoguru, was hit by
TNSTC bus bearing No.TN-29/N-2314 killing him at
the spot. The petitioners being the dependants of
the deceased have approached the Tribunal for grant
of compensation of Rs.60 lakhs. The claim was
opposed by the respondent/TNSTC. After taking the
evidence, the Tribunal awarded compensation of
Rs.21,90,000/- with interest @ 6% per annum.
Pleading inadequacy and seeking enhancement of
compensation, the petitioners have filed this appeal
on various heads.
4. Heard the arguments of Smt.D.K.Kamala,
learned counsel for the petitioners and
Sri.H.K.Satheesh, learned counsel for
respondent/TNSTC.
5. It is the contention of the learned counsel for
the petitioners that the Tribunal has not considered
the future prospects properly, the compensation
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under the conventional heads is awarded only at
Rs.30,000/- and she sought for enhancement.
6. Per contra, learned counsel for the TNSTC
has contended that the Tribunal has rightly assessed
the income; instead of deducting 50%, it has
deducted 1/3rd and therefore, the petitioners are not
entitled for any enhancement, rather compensation
has to be reduced and he supported the impugned
judgment.
7. I have given my anxious consideration to the
arguments addressed on behalf of the parties and
perused the records.
8. The material on record did point out that
there was an accident in which the deceased was
killed at the spot involving the motor cycle and the
TNSTC bus. Petitioner Nos.1 and 2 are the parents
of petitioner No.3, younger brother of the deceased.
The deceased was working under Chartered
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Accountant as an Article Assistant and drawing a
salary of Rs.15,000/- per month. The Tribunal has
rightly assessed the notional income and applied the
multiplier of '18'. Effecting 1/3rd towards personal
expenses, taking into consideration that there are
three dependants, the Tribunal has not considered
the future prospects. The 3rd Petitioner is major
brother, earning independently, he cannot be
considered as dependant.
9. In a case of this nature, compensation has to
be determined by following the principles settled by
the Hon'ble Apex Court in National Insurance
Co.Ltd. -vs- Pranay Sethi and Others1 and Sarla
Varma (Smt.) and Others -vs- Delhi Transport
Corporation and Another2 so also the principle laid
down in Shri Ram General Insurance Co. Ltd. -
Vs- Bhagat Singh Rawat & Ors.3
(2017) 16 SCC 680
(2009) 6 SCC 121
Civil Appeal Nos.2410-2412/2023, decided on 27.03.2023
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10. By applying the said principles, by taking
into consideration the age of the petitioner at 24,
income at Rs.15,000/- and multiplier at '18', the loss
of dependency will be: Rs.15,000/- + Rs.6,000/-
(40%) = Rs.21,000/- - Rs.10,500/- (50%) =
Rs.10,500/- x 12 x 18 = Rs.22,68,000/-. Under the
conventional heads, for the parents and younger
brother towards loss of love and affection, a sum of
Rs.50,000/-; towards funeral expenses and loss of
estate at Rs.15,000/- each, amounting to
Rs.80,000/- is assessed. Since the claim is of the
year 2017, six years has already been lapsed, hence
10% for each three years i.e., Rs.16,000/- has to be
added to the conventional heads, then it comes to
Rs.96,000/-. The total compensation comes to
Rs.23,64,000/- as against Rs.21,90,000/- assessed
by the Tribunal. Hence, petitioners are entitled for
enhancement of Rs.1,74,000/-, which is the just
compensation to which the petitioners are entitled.
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Hence, the appeal merits consideration. In the
result, the following:
ORDER
(i) The appeal is allowed in part.
(ii) The impugned judgment and award
passed by the Tribunal is modified;
(iii) The petitioners are entitled to enhanced
compensation of Rs.1,74,000/- with
interest at the rate of 6% per annum on
the enhanced compensation from the
date of petition till its realization
excluding interest for the delayed period
of 464 days in filing the appeal;
(iv) Rest of the judgment and award of the
Tribunal is kept intact;
(v) The TNSTC is directed to deposit the
compensation amount within eight
weeks from the date of receipt of
certified copy of this judgment.
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(vi) The amount in deposit, if any, shall be
transmitted to the Tribunal along with
records forthwith.
Sd/-
JUDGE
KNM
CT:HS
