Karnataka High Court
Mr M A Majeed vs K.S.R.T.C on 22 November, 2023
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NC: 2023:KHC:42131
MFA No. 410 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
MFA NO. 410 OF 2022 (MV-D)
BETWEEN:
1. MR M A MAJEED
S/O D ABBONU BYARI
AGED ABOUT 61 YEARS
2. SMT ZEENATH
W/O M A MAJEED
AGED ABOUT 48 YEARS
3. MOHAMMAD NOWFAL
S/O M A MAJEED
AGED ABOUT 28 YEARS
4. MISS NOUSHEERA
D/O M A MAJEED
AGED ABOUT 27 YEARS
ALL ARE R/AT H NO.1-140/5
MAJALODI HOUSE, DANDEGOLI POST
MUDANADUGODU, BANTWAL TALUK
Digitally signed by D K DISTRICT-574 219 ...APPELLANTS
MALA K N
Location: HIGH COURT (BY SRI. RAVISHANKAR SHASTRY G., ADV.)
OF KARNATAKA
AND:
K.S.R.T.C.
B C ROAD DIVISION
JODUMARGA, KAIKAMBA, B C ROAD
BANTWAL TALUK, D K DISTRICT
REP. BY ITS TRAFFIC CONTROLLER-574 219 ...RESPONDENT
(BY SRI. F.S.DABALI, ADV.)
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NC: 2023:KHC:42131
MFA No. 410 of 2022
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 03.08.2021
PASSED IN MVC NO. 571/2019 ON THE FILE OF THE II
ADDITIONAL SENIOR CIVIL JUDGE AND MACT, MANGALURU,
DAKSHINA KANNADA, 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 03.08.2021 passed in
M.V.C.No.571/2019 by the Motor Accident Claim
Tribunal and II Additional Senior Civil Judge,
Mangaluru, D.K. ('the Tribunal' in 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
Nos.3 and 4 by name Mohammed Noushar, the
deceased, while riding motor cycle bearing No.KA-
19/EP-6531 as rider along with one Charan
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G.Shriyan as pillion rider, on 07.10.2018 at 9.30
a.m. met with an accident at Jakribettu, Bantwal
Kasaba village, Bantwal Taluk, on Belthangady-
B.C.Road hit by a KSRTC bus bearing No.KA-19/F-
3220 killing both the riders at the spot. The
petitioners claiming to be the dependants of the
deceased have approached the Tribunal for grant of
compensation of Rs.50 lakhs. The claim was
opposed by the respondent/KSRTC. After taking the
evidence, the Tribunal awarded compensation of
Rs.18.16,600/- with interest @ 9% per annum.
Pleading inadequacy and seeking enhancement of
compensation, the petitioners have filed this appeal
on various heads.
4. Heard the arguments of Sri.Ravishankar
Shastry, learned counsel for the petitioners and
Sri.F.S.Dabali, learned counsel for
respondent/KSRTC.
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5. It is the contention of the learned counsel for
the petitioners that the deceased was a I.T.I.
student of Automobile Branch, he had a bright future
job opportunities and he would have earned
Rs.30,000/- to Rs.40,000/- per month, the Tribunal
has not considered the future prospects, under
conventional heads lesser compensation was
awarded and he sought for enhancement.
6. Per contra, learned counsel for the KSRTC
has contended that the accident has occurred due to
negligence of the deceased, he was not wearing
helmet and he had not possessed driving licence.
The petition is bad for non-joinder of owner and
insurer of the motor cycle. The Tribunal has rightly
awarded the compensation considering all these
aspects and he has supported the impugned
judgment.
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7. I have given my anxious consideration to the
arguments addressed on behalf of the parties and
perused the records.
8. There is no dispute as to the accident, cause
of the accident, death of the deceased and the
petitioner Nos.1 and 2 as dependents entitled to
claim the compensation. The contention of the
KSRTC regarding contributory negligence has been
answered by the Tribunal. The same has not been
questioned in the form of appeal. Hence, there is no
substance in the argument canvassed on behalf of
the KSRTC. The material on record did point out
that the deceased was 20 year old III semester ITI
student. The petitioners are the parents, brother
and sister; the age of the brother and sister is 25
and 24 years. Since they are major, they cannot be
considered as dependants. The accident took place
on 07.10.2018. The Tribunal has taken notional
income at Rs.11,750/- whereas, a person with no
NC: 2023:KHC:42131
proof of income will earn not less than Rs.12,500/-
per month in the year 2018. Since the deceased
was an ITI student, he has better prospects, as such,
the notional income of the deceased has to be
assessed not less than Rs.13,500/-.
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
10. By applying the said principles, by taking
the income at Rs.13,500/- per month, future
prospects of 40% has to be considered and 50% has
to be deducted towards personal expenses. Then
(2017) 16 SCC 680
(2009) 6 SCC 121
Civil Appeal Nos.2410-2412/2023, decided on 27.03.2023
NC: 2023:KHC:42131
the loss of dependency will be Rs.13,500/- +
Rs.5,400/- (40%) = Rs.18,900/- - Rs.9,450/- (50%)
= Rs.9,450/- x 12 x 18 = Rs.20,41,200/-. Under the
conventional heads, for the parents towards loss of
love and affection, a sum of Rs.40,000/-; towards
funeral expenses and loss of estate at Rs.15,000/-
each, amounting to Rs.80,000/-. Since the claim is
of the year 2019, three years has already been
lapsed, hence 10% has to be added to the
conventional heads, then it comes to Rs.88,000/-.
In all, compensation comes to Rs.21,29,200/- as
against Rs.18,16,600/- assessed by the Tribunal.
Hence, petitioners are entitled for enhancement of
Rs.3,12,600/-, which is the just compensation to
which the petitioners are entitled. 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;
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(iii) The petitioners are entitled to enhanced
compensation of Rs.3,12,600/- with
interest at the rate of 6% per annum on
the enhanced compensation from the
date of petition till its realization;
(iv) Rest of the judgment and award of the
Tribunal is kept intact;
(v) The KSRTC is directed to deposit the
compensation amount within eight
weeks from the date of receipt of
certified copy of this judgment.
(vi) The amount in deposit, if any, shall be
transmitted to the Tribunal along with
records forthwith.
SD/-
JUDGE
KNM
CT:HS
