Karnataka High Court
Mr Gangadhar Shriyan vs K.S.R.T.C on 24 November, 2023
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NC: 2023:KHC:42554
MFA No. 409 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
MFA NO. 409 OF 2022 (MV-D)
BETWEEN:
1. MR GANGADHAR SHRIYAN
S/O LATE K SANJEEVA
AGED ABOUT 48 YEARS
2. SMT SHOBHA GANGADHAR
W/O GANGADHARA SHRIYAN
AGED ABOUT 44 YEARS
BOTH ARE R/AT SHRIYAN NIVAS
HOIGEBAIL URWA ASHOKNAGARA
MANGALURU D K DISTRICT PIN-575 012
...APPELLANTS
(BY SRI.G.RAVISHANKAR SHASTRY, ADV.)
AND:
K.S.R.T.C.
B C ROAD DIVISION
JODUMARGA KAIKAMBA B C ROAD
BANTWAL TALUK D K DISTRICT
Digitally signed by MALA K N
REP. BY ITS TRAFFIC CONTROLLER-574219
Location: HIGH COURT OF
KARNATAKA ...RESPONDENT
(BY SRI.F.S.DABALI, ADV.)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT, AGAINST THE JUDGMENT AND AWARD DATED
03.08.2021 PASSED IN MVC NO.570/2019 ON THE FILE OF
THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT,
MANGALURU, D.K, 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:
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MFA No. 409 of 2022
JUDGMENT
In this appeal, the petitioners have challenged
the judgment and award dated 03.08.2021 passed in
M.V.C.No.570/2019 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 by name Charan G.Shriyan, the
deceased, while riding motor cycle bearing No.KA-
19/EP-6531 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
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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.
5. It is the contention of the learned counsel for
the petitioners that the deceased was an 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
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negligence of the rider of the motor cycle, the
deceased was not wearing helmet, 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.
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 petitioners
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 19 year old
III semester ITI student. The petitioners are the
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parents. The accident took place on 07.10.2018. The
Tribunal has taken notional income at Rs.11,750/-
whereas, a person with no 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
(2017) 16 SCC 680
(2009) 6 SCC 121
Civil Appeal Nos.2410-2412/2023, decided on 27.03.2023
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deducted towards personal expenses. Then 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
