Karnataka High Court
Smt. Renuka W/O Shivaji Chawhan vs Sri Prasad S/O Maruti Korawar on 10 April, 2024
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NC: 2024:KHC-D:6360
MFA No. 100341 of 2020
C/W MFA No. 101614 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 100341 OF 2020 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 101614 OF 2022
IN MFA NO.100341/2020
BETWEEN:
THE DIVISIONAL CONTROLLER,
KSRTC KARWAR, DIVISION KARWAR (UK)M
REP.DULY CONSTITUTED AUTHORITY
CHIEF LAW OFFICER, KSRTC
CENTRAL OFFICE, BANGALORE-27.
...APPELLANT
(BY SRI. M. K. SOUDAGAR, ADVOCATE)
AND:
1. SMT. RENUKA W/O. SHIVAJI CHAWHAN,
AGE: 58 YEARS, OCC : HOUSE HOLD,
Digitally R/O: AMINAGAD, TAL: HUNAGUNDA,
signed by NOW AT HANAMASAGAR, TAL: KUSHTAGI,
JAGADISH T R DIST: KOPPAL-583277.
Location:
HIGH COURT
OF 2. KUMARI. SANGEETA D/O. SHIVAJI CHAWHAN,
KARNATAKA AGE: 31 YEARS, OCC: HOUSE HOLD,
R/O. AMINAGAD, TAL: HUNAGUNDA,
NOW AT HANAMASAGAR,
TAL: KUSHTAGI, DIST: KOPPAL-583277.
3. SRI. PRASAD S/O. MARUTI KORAWAR,
AGE: 39 YEARS, OCC: DRIVER,
R/O. NEHARU NAGAR, SIRSI, TAL: SIRSI,
DIST: KARWAR, NOW AT KSRTC KUNDAPUR,
DEPOT KUNDAPUR (UK)-576201.
...RESPONDENTS
(BY SRI. A. B. PATIL, ADV. FOR R1 & R2;
NOTICE TO R3 DISPENSED WITH)
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NC: 2024:KHC-D:6360
MFA No. 100341 of 2020
C/W MFA No. 101614 of 2022
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
PRAYING TO CALL FOR RECORDS IN CASE MVC NO.371/2016 ON
THE FILE OF THE HON'BLE SENIOR CIVIL JUDGE AND M.A.C.T,
KUSHTAGI AND SET ASIDE THE JUDGMENT AND AWARD DATED
04/10/2019 BY ALLOWING THIS APPEAL WITH COST AND ETC.
IN MFA NO. 101614 OF 2022
BETWEEN:
1. SMT. RENUKA W/O. SHIVAJI CHAWHAN,
AGE ABOUT 62 YEARS, OCC: HOUSE HOLD,
R/O. AMINGAD, TQ: HUNAGUNDA,
NOW AT. HANAMASAGAR, TQ: KUSHTAGI,
DIST: KOPPAL, PIN CODE-583281.
2. KUMARI. SANGEETHA D/O. SHIVAJI CHAWHAN,
AGE ABOUT 34 YEARS, OCC: HOUSE HOLD,
R/O.TQ. HUNAGUNDA, NOW AT: HANAMASAGAR,
TQ: KUSHTAGI, DIST: KOPPAL, PIN CODE-583281.
...APPELLANTS
(BY SRI. A. B. PATIL, ADVOCATE)
AND:
1. SRI. PRASAD S/O. MARUTI KORAWAR,
AGED BOUT 42 YEARS, OCC: DRIVER,
R/O. NEHARU NAGAR, SIRSI, TQ: SIRSI,
DIST: KARWAR, NOW AT. KSRTC KUNDAPUR DEPOT.
KUNDAPUR, DIST. UDUPI, PIN CODE 576201.
2. THE DIVISIONAL CONTROLLER,
KSRTC KARWAR, DIVISION KARWAR (UK),
REP. BY DULY CONSTITUTED AUTHORITY,
CHIEF LAW OFFICER, CENTRAL OFFICE,
BENGALURU, PIN CODE-560002.
...RESPONDENTS
(BY SRI. M. K. SOUDAGAR, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO ALLOW THIS MISCELLANEOUS FIRST APPEAL
AND CONSEQUENTLY MODIFY THE JUDGMENT AND AWARD DTD:
04/10/2019, PASSED BY THE SENIOR CIVIL AND MACT, AT:
KUSHTAGI, IN MVC NO.371/2016, BY ENHANCING THE AMOUNT OF
COMPENSATION AS CLAIMED BY THE APPELLANTS IN THE INTEREST
OF JUSTICE AND EQUITY.
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MFA No. 100341 of 2020
C/W MFA No. 101614 of 2022
THESE APPEALS, COMING ON FOR HEARING ON
INTERLOCUTORY APPLICATION, THIS DAY, THE COURT DELIVERED
THE FOLLOWING:
JUDGMENT
MFA No.100341/2020 is filed by the
appellant/Corporation challenging the quantum of
compensation and MFA No.101614/2022 is filed by the
claimants seeking enhancement of compensation, being
aggrieved by the judgment and award dated 4.10.2019 passed
in MVC.No.371/2016 by the Senior Civil Judge and MACT,
Kushtagi (for short, 'Tribunal').
2. Learned counsel Sri.M.K.Soudagar for the
appellant/Corporation submits that insofar as negligence is
concerned, he is not pressing the appeal to the said effect and
he would restrict his argument only on quantum of
compensation. He further submits that the Tribunal has
committed grave error in assessing the income of the deceased
at Rs.9,000/- p.m. He submits that the deceased was aged
about 26 years. Hence, appropriate multiplier would be 17 as
against 18. He submits that the Corporation has paid
Rs.15,000/- as ex-gratia/interim compensation, which is
required to be deducted. He also submits that the Tribunal has
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committed an error in deducting of the 1/3rd of the assessed
income towards personal and living expenses of the deceased
as the deceased was Bachelor as on the date of the accident,
hence, appropriate deduction would be 50%. Hence, he seeks
to allow the appeal filed by the appellant/Corporation.
3. Per contra, Sri.A.B.Patil, learned counsel for the
claimants submits that the assessment of the income by the
respondent is just and proper. The deceased was a driver by
avocation and job of driver is a skilled job. Hence, he seeks to
re-assesses the income of the deceased and also to enhance
the compensation awarded by the Tribunal on the other heads.
4. I have heard the learned counsel for the
Corporation and learned counsel for the claimants and perused
the material available on record.
5. It is not in dispute that in a road accident dated
2.10.2014, the son of the claimant No.1 succumbed to the
injuries. Admittedly, the deceased was a Bachelor at the time
of the accident and was aged about 26 years, as per the driving
license produced at Ex.P.12. The Tribunal while awarding the
compensation has assessed the income of the deceased at
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Rs.9,000/- per month. The claimants have not placed any
evidence with regard to the income of the deceased. In the
absence of any evidence with regard to the income of the
deceased, it would be difficult for this Court to re-assess the
income of the deceased. The contention of the
appellants/claimants that the deceased was a driver by
avocation and was a skilled labour and hence, his income is
required to be re-assessed on the higher side. The said
contention is taken note only for the purpose of rejection for
the reason that though the claimants have produced
Ex.P.12/driving license of the deceased, but that itself is not
sufficient evidence to determine the income of the deceased. In
the absence of any cogent and acceptable evidence on record
with regard to the income of the deceased, this Court re-
assesses the income of the deceased at Rs.7,500/- p.m.
notionally placing reliance on the notional income chart
prepared by KSLSA. The appropriate multiplier would be 17
taking note of the age of the deceased as 26 years and
deduction would be 50% towards the personal and living
expenses. Hence, the loss of dependency is calculated as
under:
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7500 + 40% x 12 x 17 x 1/2 = Rs.10,71,000
6. There are two dependants and hence,
appellants/claimants are entitled to Rs.88,000/- (44,000x2)
under the head of loss of consortium. The claimants are entitled
to Rs.16,500/- under the head of loss of estate and
Rs.16,500/- under the head of transportation of dead body
and funeral expenses. The claimants are entitled to
Rs.9,331/- on the head of medical expenses, which was
actually incurred by the claimants. The Corporation has paid
Rs.15,000/- towards ex-gratia to the claimants, which has to
be deducted from the total compensation.
7. Thus, the claimants would be entitled to modified
compensation on the following heads:
Particulars Amount
(in Rs.)
Loss of dependency 10,71,000
Loss of estate 16,500/-
Funeral expenses 16,500/-
Loss of consortium 88,000/-
Medical expenses 9,331/-
Total 12,01,331/-
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Thus, the appellants/claimants are entitled to total
compensation of Rs.12,01,331/- as against Rs.18,93,731/-
awarded by the Tribunal.
8. Admittedly, the Corporation has paid a sum of
Rs.15,000/- as Ex-gratia/interim compensation, hence, the said
amount is liable to be deducted from total compensation. After
deduction of the same, the claimant shall be entitled to total
compensation of Rs.11,86,331/- (Rs.12,01,331-Rs.15,000).
9. In the result, I proceed to pass the following:
ORDER
a) Both appeals stand allowed in part.
b) The impugned judgment and award of the
Tribunal is modified to an extent that the
appellants/claimants would be entitled to total
compensation of Rs.11,86,331/- as against
Rs.18,93,731/- awarded by the Tribunal.
c) The enhanced compensation amount shall carry
interest at the rate of 6% per annum from the
date of petition till the date of payment.
d) The appellant/Corporation shall deposit the
enhanced compensation amount with accrued
interest before the Tribunal within a period of
six weeks from the date of receipt of certified
copy of this judgment.
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e) Apportionment, deposit and disbursement shall
be made as per the award of the Tribunal.
f) The amount in deposit made by the
appellant/Corporation be transmitted to the
Tribunal along with TCR forthwith.
g) Draw modified award accordingly.
Sd/-
JUDGE
VB
Ct-an
