Karnataka High Court
M/S Royal Sundaram Alliance Insurance ... vs M Rajashekaramurthy on 18 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:15376
MFA No. 214 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO. 214 OF 2015 (MV-D)
BETWEEN:
1. SRI. S.SIDDAIAH
S/O SIDDAIAH,
AGED ABOUT 58 YEARS,
2. SMT. VENKATALAKSHMI
W/O S.SIDDAIAH,
AGED ABOUT 48 YEARS,
BOTH ARE R/AT NO. 33/4,
POLICY COLONY,
MAGADI ROAD,
BANGALORE-560 023.
...APPELLANTS
(BY SRI. K.V.NAIK., ADVOCATE FOR
SRI. UMASHANKAR.N., ADVOCATE)
AND:
Digitally signed by
THEJASKUMAR N
Location: HIGH THE MANAGING DIRECTOR,
COURT OF KARNATAKA STATE ROAD
KARNATAKA
TRANSPORT CORPORATION (KSRTC),
CENTRAL OFFICES, SHANTHINAGAR,
K.H.ROAD, BANGALORE-560 027.
...RESPONDENT
(BY SRI. F.S.DABALI., ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:22.08.2014
PASSED IN MVC NO.1157/2012 ON THE FILE OF THE IX
-2-
NC: 2024:KHC:15376
MFA No. 214 of 2015
ADDITIONAL SMALL CAUSES JUDGE, XXXIV ACMM, COURT OF
SMALL CAUSES, MEMBER, MACT-VIII, BANGALORE.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.K.V.Naik., learned counsel on behalf of
Sri.Umashankar.N., for the appellants, Sri.F.S.Dabali.,
learned counsel for the respondent have appeared in person.
2. For the sake of convenience, the parties shall be
referred to as per their status and rankings before the
Tribunal.
3. The brief facts are these:
On the Twenty-second day of December 2011 at about
9:50 am., deceased Tanuja was traveling with Mr.Manjunath
and his wife Mrs.Poornima in a Car bearing Registration
No.KA-02-MC-4322. It is said that the Car was driven by
Mr.Manjunath on B.M.Road within the jurisdiction of Hirisave
Police Station, Hassan from Channapatna towards Bangalore.
At that time, a KSRTC Bus bearing Registration No.KA-19-F-
NC: 2024:KHC:15376
2929 came from the opposite direction in a rash and
negligent manner and hit the Car. Due to the forced impact,
Tanuja succumbed to injuries on the spot. The claimants
contending that they are the dependents of Tanuja, filed a
claim petition seeking compensation.
In response to the notice, the respondent KSRTC
appeared through its counsel and filed written statement
denying the petition averments. Among other grounds, it
prayed for dismissal of the Claim Petition.
Based on the above pleadings, the Tribunal framed
issues; the parties led evidence and marked the documents.
The Tribunal vide Judgment dated:22.08.2014 partly allowed
the Claim Petition. The Claimants have assailed the
Judgment of the Tribunal in this appeal on several grounds
as set-out in the Memorandum of appeal.
4. Learned counsel for the respective parties have
urged several contentions. Heard, the contentions urged on
behalf of the respective parties and perused the appeal
papers with utmost care.
NC: 2024:KHC:15376
5. The following points would arise for consideration
1. Whether the Tribunal is justified in concluding
that the driver of the KSRTC bus has attributed
only 50% of negligence to the accident.
2. Whether the Claimant is entitled for enhanced
compensation.
6. The facts are sufficiently stated and do not
require reiteration. The Claimants appeal is one for
enhancement of compensation and modification of the
Judgment.
Learned counsel for the respective parties jointly
submits the Division Bench in MFA No.7757/2014 C/w MFA
No.213/2015 disposed of on 12.12.2019, has held that the
accident occurred solely on account of rash and negligent
driving of the driver of a KSRTC bus. Counsel therefore,
submits that the KSRTC is liable to satisfy the entire
compensation.
NC: 2024:KHC:15376
The oral submission made by learned counsel for the
respective parties is placed on record. Perused the Judgment
of the Division Bench with utmost care. A perusal of the
same depicts that the Division Bench has fastened the entire
liability on the driver of the KSRTC bus and directed the
KSRTC to satisfy the entire award amount. In view of the
Judgment passed by the Division Bench, the KSRTC is
directed to satisfy the entire award amount to the claimants.
Furthermore, the grounds urged in the present appeal
is that the compensation awarded by the Tribunal is meager.
It is noticed that the Tribunal has awarded compensation of
Rs.3,78,000/- towards Loss of dependency. In the absence
of any proof of income, the chart prepared by the Legal
Service Authority must be taken into consideration.
As per the chart, the salary of the deceased must be
taken as Rs.6,500/- (Rupees Six Thousand Five Hundred
only) per month, if the accident is occurred in the year 2011.
The age of the deceased was 21 years as on the date of
accident, hence the multiplier 18 is to be adopted. Hence,
the amount towards the loss of dependency is as under:
NC: 2024:KHC:15376
CALCULATION OF LOSS OF DEPENDENCY
Future prospects:
It is taken into consideration at 40% as per chart because the
age of deceased is below 40 years.
6,500 X 40% = 2,600
6,500 + 2,600 = 9,100
9,100 divided by 2 = 4,550
9,100 - 4,550 = 4,550
4,550 x 12 x 18 = 9,82,800 Rs.9,82,800/-
In the present case, the deceased left behind her
parents. Hence, they are entitled to compensation under the
head "Loss of consortium". In view of law laid down by the
Apex Court in PRANAY SETHI's case, the interest should be
considered to the loss of consortium at the rate of 10% per
annum for every three years.
40,000 X 10/100 X 2 times = Rs.8,000/-
40,000 + 8,000 = Rs.48,000/-
Rs.48,000/- X 2 = Rs.96,000/-.
Therefore, the claimants are entitled for compensation
of Rs.96,000/- (Rupees Ninety Six Thousand only) towards
loss of consortium.
NC: 2024:KHC:15376
This Court deems it appropriate to award Rs.33,000/-
(Rupees Thirty Three Thousand only) towards loss of estate
and transportation of the dead body, funeral and obsequies
ceremonies.
7. Accordingly, this Court re-determines the
compensation as under:-
1. Towards loss of 9,82,800 Rs.9,82,800/-
dependency
2. Towards loss of 96,000 Rs.96,000/-
Consortium
3. Loss of estate & 33,000 Rs.33,000/-
transportation of dead
body and funeral and
obsequies.
Reassessed Compensation: Rs.11,11,800/-
8. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:22.08.2014
NC: 2024:KHC:15376
passed by the Court of IX Addl. Small Causes and
Addl. MACT, Bengaluru (SCCH-7) in
M.V.C.No.1157/2012 is modified to the extent
stated hereinabove.
2. The claimants are entitled for reassessed
compensation of Rs.11,11,800/- (Eleven Lakh
Eleven Thousand Eight Hundred only) with 6%
interest per annum from the date of the claim
petition till the date of realization.
3. The KSRTC is directed to deposit entire
compensation amount along with 6% interest
within a period of two months from the date of
receipt of the certified copy of this Judgment.
4. The Registry to draw the modified award
accordingly.
5. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
TKN/MRP
