Karnataka High Court
Smt.Devakka W/O Devappa Kagdal vs Managing Director on 5 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
-1-
NC: 2024:KHC-D:2485
MFA No. 102007 of 2020
C/W MFA No. 102101 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.102007 OF 2020 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO.102101 OF 2020
IN M. F. A. NO.102007 OF 2020 (MV-D)
BETWEEN:
1. SMT. DEENA W/O. KUMAR @
DEVABHUSHANAM BANDI,
AGE: 42 YEARS, OCC: HOUSE HOLD WORK,
R/O: 4, KARUNYA COLONY,
NEAR SADASHIVA COLONY, KESHWAPUR,
HUBBALLI.
2. KUMARI SHARAGLADIUS
D/O. KUMAR @ DEVABHUSHANAM BANDI,
AGE: 24 YEARS, OCC: STUDENT,
R/O: 4, KARUNYA COLONY,
NEAR SADASHIVA COLONY, KESHWAPUR,
HUBBALLI.
Digitally
signed by
SAROJA
SAROJA
HANGARAKI
3. KUMARI ELONEZRA
HANGARAKI Date:
2024.02.13
D/O. KUMAR @ DEVABHUSHANAM BANDI,
16:09:39
+0530
AGE: 22 YEARS, OCC: STUDENT,
R/O: 4, KARUNYA COLONY,
NEAR SADASHIVA COLONY, KESHWAPUR,
HUBBALLI.
...APPELLANTS
(BY SRI. CHANDRASHEKHAR M.HOSAMANI, ADVOCATE)
AND:
1. MANAGING DIRECTOR,
NWKRTC, GOKUL ROAD,
HUBBALLI-580010.
-2-
NC: 2024:KHC-D:2485
MFA No. 102007 of 2020
C/W MFA No. 102101 of 2020
2. SELF INSURANCE FUND,
NWKRTC, GOKUL ROAD,
HUBBALLI-580010.
3. SMT. ASHIRWADAMMA @ SUJATA
W/O. KUMAR @ DEVABHUSHANAM BANDI BANDI,
AGE: 36 YEARS, OCC: HOUSE HOLD WORK,
R/O: H.NO:170, JANATA QUARTERS,
KUSUGAL ROAD, NEAR SAMUDAYA BHAVAN
HUBBALLI-580023.
4. KUMAR ABHILASH
S/O. KUMAR @ DEVABHUSHANAM BANDI BANDI,
AGE: 10 YEARS, OCC: STUDENT,
R/O: H.NO:170, JANATA QUARTERS,
KUSUGAL ROAD, NEAR SAMUDAYA BHAVAN,
HUBBALLI-580023.
MINOR R/BY HIS NATURAL GUARDIAN MOTHER
RESPONDENT NO.3
SMT. ASHIRWADAMMA@ SUJATA
W/O. KUMAR @ DEVABHUSHANAM BANDI BANDI.
...RESPONDENTS
(BY SMT. VEENA HEGDE, ADVOCATE FOR R1-R2;
NOTICE TO R3 AND R4 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD
DATED 22.06.2016 PASSED IN MVC NO.588/2014 ON THE FILE OF
THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, HUBBALLI, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
IN M. F. A. NO.102101 OF 2020
BETWEEN:
1. SMT. DEVAKKA W/O. DEVAPPA KAGDAL,
AGE: 46 YEARS, OCC: HOUSE HOLD WORK,
2. NEELAMMA D/O. DEVAPPA KAGDAL,
AGE: 27 YEARS, OCC: STUDENT,
3. MANJULA D/O. DEVAPPA KAGDAL,
AGE: 25 YEARS, OCC: STUDENT,
-3-
NC: 2024:KHC-D:2485
MFA No. 102007 of 2020
C/W MFA No. 102101 of 2020
4. YELLAMMA D/O. DEVAPPA KAGDAL,
AGE: 23 YEARS, OCC: STUDENT,
5. VIJAYALAXMI D/O. DEVAPPA KAGDAL,
AGE: 21 YEARS, OCC: STUDENT,
6. KUMAR MANIKATH S/O. DEVAPPA KAGDAL,
AGE: 19 YEARS, OCC: STUDENT,
ALL ARE R/O. SHIRAGUPPI, TQ: HUBBALLI,
7. SRI. SHEKHAPPA S/O. FAKKIRAPPA KAGDAL,
AGE: 76 YEARS, OCC: NIL,
R/O: SHIRAGUPPI, TQ: HUBBALLI,
8. SMT. DURGAVVA W/O. SHEKHAPPA,
AGE: 66 YEARS, OCC: HOUSEHOLD WORK,
R/O: SHIRAGUPPI, TQ: HUBBALLI.
...APPELLANTS
(BY SRI. CHANDRASHEKHAR M.HOSAMANI, ADVOCATE)
AND:
1. MANAGING DIRECTOR,
NWKRTC, GOKUL ROAD,
HUBBALLI-580010.
2. SELF INSURANCE FUND,
NWKRTC, GOKUL ROAD,
HUBBALLI-580010.
...RESPONDENTS
(BY SMT. VEENA HEGDE, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD
DATED 22.06.2016 PASSED IN MVC NO.589/2014 ON THE FILE OF
THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, HUBBALLI, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
-4-
NC: 2024:KHC-D:2485
MFA No. 102007 of 2020
C/W MFA No. 102101 of 2020
JUDGMENT
Heard Sri.Chandrashekhar M Hosamani, learned
counsel for the appellants - claimants and Sri.Veena
Hegde, learned counsel for respondent - KSRTC.
2. Though this matter is listed for orders, it is
taken up for final disposal with the consent of parties.
3. These two appeals are filed by the claimants
seeking enhancement of compensation by modifying the
judgment and award passed in MVC Nos.588/2014 and
589/2014 dated 22.06.2016 on the file of Additional Motor
Accident Claims Tribunal, Hubballi.
4. Admitted facts of the case are as under:
4.1 In respect of a road traffic accident involving
KSRTC bus bearing No.KA-25/F-2688 and motorcycle
bearing No.KA-25/EG-7356, dependants of Devappa and
Kumar @ Devabhushanam have preferred the claim
petitions. Admittedly, charge sheet came to be filed
against the driver of KSRTC bus.
NC: 2024:KHC-D:2485
4.2 Claim petitions, on contest, came to be allowed
in a sum of Rs.8,37,000/- and Rs.9,05,000/- respectively.
5. Being aggrieved by the quantum of
compensation awarded by the Tribunal, claimants are in
appeal.
6. Sri.Chandrashekhar M Hosamani, learned
counsel for the appellants reiterating the grounds urged in
the appeal memorandum, contended that the Tribunal did
not compute proper income for the accidental death of the
year 2014. Instead of taking Rs.7,500/- as monthly
income, the Tribunal has taken Rs.4,500/- and also failed
to add future prospects as per the dictum in the case of
National Insurance Company Limited vs. Pranay
Sethi and Others reported in AIR 2017 SC 5157.
7. He also submits that the Tribunal has also failed
to consider question of granting compensation towards
filial affection as per the dictum in the case of Magma
General Insurance Company Limited vs. Nanu Ram
NC: 2024:KHC-D:2485
and Others reported in 2018 ACJ 2782 and United
India Insurance Company Limited vs. Satinder Kaur
alias Satwinder Kaur and Others reported in AIR 2020
SC 3076 and sought for reassessment of compensation.
8. Per contra, Smt.Veena Hegde, learned counsel
representing KSRTC contends that as the law stood then
and the principles of law governing award of
compensation, the Tribunal has granted proper
compensation and sought for dismissal of the appeals.
9. In view of the rival contentions of the parties,
this Court perused the material on record meticulously.
10. On such perusal of material on record, it is
crystal clear that Devappa and Kumar @ Devabhushanam
lost their life in a road traffic accident occurred on
16.06.2014 involving KSRTC bus bearing No.KA-25/F-2688
and motorcycle bearing No.KA-25/EG-7356.
11. The Tribunal has erred in assessing the monthly
income. As such, quantum of compensation needs to be
NC: 2024:KHC-D:2485
reassessed taking the monthly income in a sum of
Rs.7,500/- and adding future prospects at 25%
considering the age of deceased as 43 and 45 years
respectively.
12. Further, towards filial affection, Rs.40,000/-
needs to be granted to each of the dependants and the
claimants are entitled to Rs.30,000/- on conventional
heads.
13. Hence, the quantum of compensation in both
the appeals is reassessed as under:
In MFA No.102007/2020 (MVC No.588/2014)
Loss of dependency Rs.12,65,625/-
(Rs.7,500 + 25% x 12 x
15 - 1/4th)
Loss of consortium Rs.30,000/-
Filial affection Rs.2,00,000/-
(Rs.40,000 x 5)
Total Rs.14,95,625/-
NC: 2024:KHC-D:2485
In MFA No.102101/2020 (MVC No.589/2014)
Loss of dependency Rs.11,70,000/-
(Rs.7,500 + 25% x 12 x
13 - 1/5th)
Loss of consortium Rs.30,000/-
Filial affection Rs.3,20,000/-
(Rs.40,000 x 8)
Total Rs.15,20,000/-
14. In view of the foregoing discussion, following
order is passed:
ORDER
(i) Appeals are allowed in part.
(ii) Impugned judgment and award passed by the
Tribunal stands modified.
(iii) Claimants in MVC No.588/2014 are entitled to
Rs.14,95,625/- as against Rs.9,05,000/-
awarded by the Tribunal.
NC: 2024:KHC-D:2485
(iv) Claimants in MVC No.589/2014 are entitled to
Rs.15,20,000/- as against Rs.8,37,000/-
awarded by the Tribunal.
(v) In both the appeals, compensation shall carry
interest at 6% per annum from the date of
petition till realisation.
(vi) It is made clear that claimants in MFA
No.102101/2020 (MVC No.589/2014) are not
entitled for interest on the delayed period of
1470 days in filing the appeal.
(vii) KSRTC is granted four weeks time to deposit
the compensation.
Sd/-
JUDGE
SH
