Karnataka High Court

Smt Manjula C vs The Divisional Controller on 10 October, 2023

Bench: K.Somashekar, Umesh M Adiga

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                                                    NC: 2023:KHC:36881-DB
                                                    MFA No. 3874 of 2021




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 10TH DAY OF OCTOBER, 2023

                                          PRESENT
                     THE HON'BLE MR JUSTICE K.SOMASHEKAR
                                            AND
                     THE HON'BLE MR JUSTICE UMESH M ADIGA
                 MISCELLANEOUS FIRST APPEAL NO. 3874 OF 2021 (MV-D)
            BETWEEN:

            1.    SMT MANJULA C
                  W/O MANTELINGAIAH S
                  AGED 42 YEARS

            2.    SRI.MANGELINGAIAH S
                  S/O LATE S.SIDDAIAH
                  AGED 53 YEARS
                  BOTH ARE R/AT
                  NO.26, A-BLOCK
                  JALAPURI, KALYANAGIRI
Digitally
signed by D       MYSURU CITY-570019.
K BHASKAR                                                   ...APPELLANTS
Location:    (BY SRI. BHANU PRAKASH H V - ADVOCATE)
High Court
of Karnataka
             AND:

                  THE DIVISIONAL CONTROLLER
                  NORTH WESTERN KARNATAKA
                  STATE ROAD TRANSPORT CORPORATION
                  UTTARA KANNADA DIVISION
                  SIRSI-581402
                  (OWNER AND INSURER OF
                  BUS BEARING NO.KA-31-F-1229)
                                                           ...RESPONDENT
            (BY SRI. NAGARAJA K - ADVOCATE)
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                                      NC: 2023:KHC:36881-DB
                                      MFA No. 3874 of 2021




     THIS MFA FILED U/S 173(1) OF MOTOR VEHICLES ACT
PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED
19.11.2019 PASSED IN M.V.C.NO.131/2018 ON THE FILE OF
THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, (IN THE COURT
OF ADDITIONAL SMALL CAUSES AND SENIOR CIVIL JUDGE AT
MYSURU).

     THIS MFA, COMING ON FOR ADMISSION, THIS DAY,
K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:
                           JUDGMENT

This appeal is preferred by the appellants / claimants

challenging the judgment and award passed by the

Tribunal in MVC No.131/2018 dated 19.11.2019 seeking

for enhancement of compensation awarded by the

Tribunal, by consideration of the grounds urged therein.

2. This appeal though slated for admission, with the

consent of the learned counsel for both parties, the same

is taken up for final disposal.

3. Heard the learned counsel Shri H.V. Bhanuprakash

for the appellant and the learned counsel Shri Nagaraja K

for the respondent. Perused the impugned judgment and

award passed by the Tribunal.

4. The facts of the case put in a nutshell are that on

24.12.2017 at 11.20 a.m. when the deceased was

NC: 2023:KHC:36881-DB MFA No. 3874 of 2021

returning home in a KSRTC bus bearing registration

No.KA-31/F-1229 after visiting holy places in Dakshina

Kannada and Udupi District, when the bus neared

Yalaguppa village on Honnavara - Thalaguppa road, at

that time the driver of the KSRTC bus drove the same at a

high speed in a rash and negligent manner and dashed

against a two wheeler and toppled on the right side and

caused the accident. Due to the impact, the deceased

Kum Sangeetha M who was a BBM student traveling in the

KSRTC bus, succumbed to severe injures on the spot

itself.

4. Subsequently, based upon the complaint at

Exhibit P14, criminal prosecution was initiated and FIR

came to be registered as per Ex.P1. Subsequently, the

claimants filed claim petition before the jurisdictional

Tribunal contending that the deceased was hale and

healthy prior to accident and was studying BBM and was

also conducting part-time tuition classes and was earning

a sum of Rs.15,000/- p.m. and maintaining the family. It

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is contended that the claimants have incurred

Rs.1,00,000/- towards transportation and last rituals and

hence they being the LRs of deceased, claimed

compensation against the respondents.

5. In response to the claim petition, respondent /

Corporation appeared through its counsel and filed its

objection statement. Based upon the pleadings of the

parties, the issues were framed which is also reflected in

the impugned judgment and award of the Tribunal. In

support of the contentious contentions made by the

petitioners, petitioner No.2 examined himself as PW.1 and

got marked documents at Exhibits Ex.P1 to P21 on behalf

of petitioners. On behalf of the respondent, one

Gangadhara Ganapathi Naika was examined as RW.1 and

got marked Exs.R1 and R2.

6. Subsequent to closure of evidence on both the

sides, the Tribunal appreciated the evidence of PW.1 -

Mantelingiah S who is none other than the father of the

deceased and the documents such as Ex.P1 - FIR, Ex.P2 -

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spot panchanama, Ex.P3 - rough sketch, Ex. P4 - P.M.

report, Ex.P5 - IMV report, Ex.P6 - charge sheet, Exs.P7

to P9 - Copy of Aadhaar cards, Exs. P10 to P12 - School

records, Ex.P13 - Copy of FIR, Ex. P14 - Copy of

complaint and Ex.P15 to 21 - Copy of marks cards, which

were got marked on the part of the claimants seeking

absolute compensation under the relevant provisions of

the Motor Vehicles Act. On appreciation of the oral and

documentary evidence on record, without any proof of

evidence as regards the income, the Tribunal had fixed the

notional income of the deceased as Rs.7,000/- per month

and deducting 50% of the said income towards personal

expenses and applying multiplier '18', had arrived at the

compensation awarded towards 'Loss of dependency', at

Rs.7,56,000/-. Further, the Tribunal had awarded

Rs.50,000/- towards 'loss of love and affection',

Rs.15,000/- towards 'loss of estate', Rs.25,000/- towards

'transportation and funeral expenses'. Thus, the Tribunal

had awarded total compensation of Rs.8,46,000/- with

interest @ 6% p.a. from the date of petition till its

NC: 2023:KHC:36881-DB MFA No. 3874 of 2021

realization. The compensation awarded by the Tribunal is

given in a Tabular column as under:

Towards loss of love and affection Rs. 50,000/-

Towards Estate                               Rs.      15,000/-
Towards    transportation    and     funeral Rs.      25,000/-
expenses
Towards loss of dependency                   Rs.     7,56,000/-
TOTAL                                        Rs.     8,46,000/-

It is this judgment which has been challenged by the

claimants by urging various grounds.

7. Learned counsel for the appellants / claimants

contends that the Tribunal has committed an error in

assessing the income of the deceased at a very meager

amount of Rs.7,000/- p.m. since there was no proof of

income. Even as per the chart issued by the Karnataka

State Legal Services Authority, the notional income of a

person who had met with an accident in the year 2017

even without there being any proof of income, is taken as

Rs.11,000/- p.m. Hence, the learned counsel contends

that the Tribunal having taken the monthly income of the

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deceased at Rs.7,000/- p.m., is on the lower side.

Therefore, the said income has to be taken at Rs.11,000/-

per month to calculate the compensation to be awarded

towards 'loss of dependency'. It is further contended that

40% of the income has to be added towards future

prospects and after deducting 50% of the income towards

personal expenses, the compensation to be awarded

towards 'loss of dependency' is to be worked out. On all

these grounds, learned counsel for the appellants -

claimants seeks for intervention of the impugned

judgment and award rendered by the Tribunal in MVC

No.131/2018.

8. On the contrary, learned counsel for the

respondent / Insurance Company contends that the

Tribunal by considering the oral and documentary

evidence on record has rightly awarded just and fair

compensation to the claimants and hence the impugned

judgment and award passed by the Tribunal need not be

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interfered in this appeal. Hence, he seeks for dismissal of

the appeal.

9. Keeping in view the contentious contentions taken

by learned counsel for the parties stated supra, the

accident in question is not in dispute and further the

Tribunal based upon the oral and documentary evidence

available on record has rightly arrived at a conclusion that

the deceased died due to the injuries sustained in the

accident caused by the offending vehicle.

10. The Tribunal while assessing compensation, had

taken the notional income of the deceased as Rs.7,000/-

p.m. Admittedly, there was no acceptable evidence to

accept the income pleaded by petitioners. Therefore,

notional income of the deceased is to be assessed. While

settlement of the disputes before the Lok Adalath

pertaining to Motor Vehicle Accident cases, the notional

income of a victim of an accident which had taken place

during the year 2017 is considered as Rs.11,000/- per

month. Same could be applied to the facts of the present

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case. Hence, the notional income of the deceased is taken

at Rs.11,000/- per month.

11. Admittedly, the deceased was aged about 18

years at the time of accident. Therefore, 40% of her

income has to be added towards future prospects as held

by the Hon'ble Supreme Court in the case of NATIONAL

INSURANCE COMPANY LIMITED VS. PRANAY SETHI

AND OTHERS 1. If the same is added, i.e., (11,000 +

40%) the income of the deceased comes to Rs.15,400/-

per month, which is taken as the notional income of the

deceased. 50% of the said income is to be deducted since

she was unmarried and hence, the net income on which

the parents of the deceased were dependant upon was,

Rs.7,700/- per month. It is not in dispute that the

multiplier applicable to the facts of the present case is '18'.

Therefore, the compensation to be awarded under the

head 'Loss of Dependency' is Rs.7,700/- x 12 x 18 =

Rs.16,63,200/- as against Rs.7,56,000/- awarded by the

(AIR 2017 SC 5157)

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NC: 2023:KHC:36881-DB MFA No. 3874 of 2021

Tribunal under the said head. However, the compensation

granted by the Tribunal in respect of all other heads,

remains unaltered.

12. Hence, the appellants / claimants are entitled for

the following amount of compensation:

                                      Rs.    16,63,200/-
Loss of Dependency
Loss of love and affection            Rs.       50,000/-

                                      Rs.       15,000/-
Loss of Estate
Transportation and funeral            Rs.       25,000/-
expenses
                                      Rs.    17,53,200/-
TOTAL

13. In all, claimants are entitled for compensation of

Rs.17,53,200/- as against Rs.8,46,000/- awarded by the

Tribunal. The claimants are entitled for enhancement of

Rs.9,07,200/-. The said enhanced compensation shall

carry interest at the rate of 6% per annum from the date

of petition till the date of realization. Accordingly, we

proceed to pass the following: