Karnataka High Court
Smt. Gowri Bomma Naika vs Sri. Kumar. H. P on 15 February, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:6641
MFA No. 2439 of 2018
C/W MFA No. 5645 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 2439 OF 2018 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 5645 OF 2017(MV-D)
IN MFA NO 2439/2018
BETWEEN:
1. SMT. GOWRI BOMMA NAIKA
W/O. BOMMA ERA NAIK,
AGED ABOUT 43 YEARS,
2. KUM. SANGEETHA
D/O. BOMMA NAIKA,
AGED ABOUT 27 YEARS,
3. KUM. SUMITHRA
D/O. BOMMA NAIKA,
AGED ABOUT 24 YEARS,
Digitally signed by JAI
JYOTHI J
Location: HIGH 4. MR. NAVEEN KUMAR
COURT OF
KARNATAKA S/O. BOMMA ERA NAIK,
AGED ABOUT 22 YEARS,
ALL ARE THE R/O
GUNJANUR VILLAGE,
HECHE POST,
SORABA TALUK- 577 429.
...APPELLANTS
(BY SRI. GURUPRASAD B R, ADVOCATE)
-2-
NC: 2024:KHC:6641
MFA No. 2439 of 2018
C/W MFA No. 5645 of 2017
AND:
1. SRI. KUMAR. H. P.
S/O. PALAKSHAPPA HURAKADLI,
K.S.R.T.C BUS DRIVER,
SHIRALKOPPA TOWN,
SHIRALKOPPA TALUK,
PIN-577 428.
2. N.W.K.R.T.C
HIREKERUR DEPOT,
HAVERI DISTRICT-581 110,
REPRESENTED BY ITS MANAGING DIRECTOR.
3. N.W.K.R.T.C
HIREKERUR DEPOT, (INSURANCE DIVISION)
HAVERI DISTRICT- 581 110,
REPRESENTED BY ITS MANAGING DIRECTOR.
4. N.W.K.R.T.C
HUBLI DIVISION,
HUBLI-580 020,
REPRESENTED BY ITS MANAGING DIRECTOR.
5. DIVISIONAL CONTROLLER
N.W.K.R.T.C,
HAVERI DIVISION,
HAVERI-581 110.
...RESPONDENTS
(BY SRI.F.S. DABALI ADVOCATE FOR R2;
R1 & R3 TO R5 ARE NOTICE S/W V/O DATED 17.01.2023)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01/04/2017, PASSED IN MVC
NO.28/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE & XIII
ADDITIONAL MACT, SORABA, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
-3-
NC: 2024:KHC:6641
MFA No. 2439 of 2018
C/W MFA No. 5645 of 2017
IN MFA NO.5645/2017
BETWEEN:
1. MANAGING DIRECTOR
N.W.K.R.T.C, HIREKERUR DEPOT,
HAVERI DISTRICT - 581111
2. MANAGING DIRECTOR
N.W.K.R.T.C, HIREKERUR DEPOT,
HAVERI DISTRICT - 581111
INSURANCE DIVISION
PERTAINING TO K.S.R.T.C BUS NO KA - 25F 2383
3. MANAGING DIRECTOR
N.W.K.R.T.C, HUBLI DIVISION,
HUBLI - 580 031.
4. DIVISIONAL CONTROLLER
N.W.K.R.T.C HAVERI DIVISION,
HAVERI - 581110
ALL THE APPELLANTS ARE
REPRESENTED BY ITS CHIEF LAW OFFICER
N.W.K.R.T.C CENTRAL OFFICE,
GOKUL ROAD,
HUBLI - 580 031
...APPELLANTS
(BY SRI. F S DABALI, ADVOCATE)
AND:
1. SMT. GOWRI BOMMA NAIKA
W/O. BOMMA ERA NAIK,
AGED ABOUT 42 YEARS,
2. KUM. SANGEETHA
D/O. BOMMA NAIKA,
AGED ABOUT 26 YEARS,
-4-
NC: 2024:KHC:6641
MFA No. 2439 of 2018
C/W MFA No. 5645 of 2017
3. KUM. SUMITHRA
D/O. BOMMA NAIKA,
AGED ABOUT 23 YEARS,
4. MR. NAVEEN KUMAR
S/O. BOMMA ERA NAIK,
AGED ABOUT 21 YEARS,
RESPONDENTS NO.1 TO 4 ARE
R/O GUNJANUR VILLAGE,
HECHE POST,
SORABA TALUK - 577 429.
5. SRI. KUMAR H P
S/O PALAKSHAPPA HURAKADLI
AGE: MAJOR,
K.S.R.T.C BUS DRIVER,
SHIRALKOPPA TOWN,
SHIKARIPURA TALUK
DISTRICT : SHIVAMOGGA - 577 427
...RESPONDENTS
(BY SRI. GURUPRASAD B.R. ADVOCATE FOR R1 TO R4
R5- NOTICE D/W V/O DATED 08.01.2018)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01.04.2017 PASSED IN MVC
NO.28/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE & AMACT,
SORAB, AWARDING COMPENSATION OF RS.9,07707/- WITH
INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE
REALIZATION.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
-5-
NC: 2024:KHC:6641
MFA No. 2439 of 2018
C/W MFA No. 5645 of 2017
JUDGMENT
MFA.No.2439/2018 is filed by the claimants challenging
the judgment and award dated 01.04.2017 in MVC.No.28/2014
by the Senior Civil Judge & XIII AMACT, Soraba, for seeking
enhancement of compensation.
MFA.No.5645/2017 is filed by NWKRTC alleging that the
deceased also contributed rashness and negligence towards
the accident and also for reducing the quantum of
compensation.
2. The factum of accident, death of the deceased and
coverage of insurance are not disputed.
3. Heard the arguments from both sides and perused
the records.
4. In the present case, the deceased while alighting
the bus on 29.09.2013, at that time, sudden movement of bus
by its driver in a rash and negligent manner without giving any
signal, due to which, the deceased fell on the ground and
NC: 2024:KHC:6641
sustained grievous head injuries. Later after three days, the
deceased succumbed to the injuries.
5. It is submitted that the deceased consumed alcohol,
but there is no evidence to prove that the deceased had
consumed alcohol and due to which, without maintaining
balance, he fell down on the ground. In this record, there is no
evidence.
6. In the discharge summary, it is mentioned as self
fall from the bus. Therefore, contended that the deceased also
contributed negligence towards the accident. Whereas
complaint, FIR and charge sheet prove that while the deceased
was alighting the bus, the driver of bus moved the bus
suddenly and due to which, the deceased fell on the road and
sustained injuries. To controvert this, there is no evidence.
Therefore, it is proved that the deceased died due to entire
rash and negligence driving of the bus. Therefore, it is held
that the Tribunal is correct in holding that due to entire rash
and negligence driving of the bus, the accident is caused and
NC: 2024:KHC:6641
there is no contribution by the deceased towards the accident.
7. In the present case, the Tribunal has taken the
monthly income of Rs.6,000/- but considering the year of
accident as 2013, the notional income is to be taken at
Rs.8,000/- per month. There are four legal dependents and
among them two sisters are unmarried. Therefore, 1/4th of
income is to be deducted towards personal and living
expenses. The deceased was aged 52 years, therefore, the
appropriate multiplier applicable is "11". The Tribunal has
committed error in adding 15% of income towards loss of
future prospects in life, but 10% of income is to be added, but
not 15%. Therefore, the compensation under the head loss of
dependency is re-assessed and quantified as follows:
Rs.8,000/- + 10% x ¾ x 11 x12=Rs.8,71,200/-
Accordingly, compensation of Rs.8,71,200/- is awarded
under the head loss of dependency.
NC: 2024:KHC:6641
8. The compensation of Rs.91,307/- awarded towards
medical expenses is as per the actual bills produced, which
needs no interference. Hence, it is kept in tact.
9. The Tribunal has awarded compensation of
Rs.50,000/- under the head loss of consortium. There are
totally four legal dependants of the deceased. Hence, as per
the judgment of the Hon'ble Apex Court in the case of Magma
General Insurance Co. Limited Vs. Nanu Ram & Others1
and National Insurance Co. Ltd. Vs. Pranay Sethi2, the
claimants are entitled to Rs.40,000/- each with 10% escalation
under the head loss of consortium including loss of love and
affection. Accordingly, Rs.1,76,000/- (Rs.40,000 x 4 + 10%
escalation) is awarded under the head loss of consortium
including loss of love and affection.
10. Further compensation of Rs.16,500/- (Rs.15,000/-
+ 10% escalation) is awarded towards transportation of dead
body and funeral expenses.
2018 ACJ 2782
(2017) 16 SCC 680
NC: 2024:KHC:6641
11. Further compensation of Rs.16,500/- (Rs.15,000/-
+ 10% escalation) is awarded towards loss of estate.
12. Thus, in all, the claimants are entitled to total
compensation as follows:
1 Loss of dependency Rs. 8,71,200/-
2 Medical expenses Rs. 91,307/- Kept in tact
3 Loss of consortium Rs.
1,76,000/-
including loss of love and
affection
4 Transportation of dead Rs.
16,500/-
body and funeral
expenses
5 Loss of estate Rs. 16,500/-
TOTAL Rs. 11,71,507/-
13. The Tribunal has awarded compensation of
Rs.4,37,847/-, but the claimants are entitled to total
compensation of Rs.11,71,507/-. Thus, the claimants are
entitled to enhanced compensation of Rs.7,33,660/-
(Rs.11,71,507/- - Rs.4,37,847/-) along with interest at the
- 10 -
NC: 2024:KHC:6641
rate of 6% p.a., from the date of petition till realization, in
addition to what has been awarded by the Tribunal.
14. Accordingly, I proceed to pass the following
ORDER
i. MFA.No.2439/2018 filed by the claimants is allowed
in part.
ii. MFA.No.5645/2017 filed by the NWKRTC is
dismissed.
iii. The impugned judgment and award dated 01.04.2017
in MVC.No.28/2014 by the Senior Civil Judge & XIII
AMACT, Soraba, is modified.
iv. The claimants are entitled to enhanced compensation
of Rs.7,33,660/- along with interest at the rate of
6% p.a., from the date of petition till realization, in
addition to what has been awarded by the Tribunal.
v. No order as to costs.
vi. The amount in deposit shall be transmitted to the
Tribunal forthwith.
- 11 -
NC: 2024:KHC:6641
vii. The claimants are not entitled for interest for the delay
period of 263 days in filing the appeal.
viii. Registry is directed to transmit the TCR along with
copy of this order to the Tribunal forthwith.
ix. Draw award accordingly.
Sd/-
JUDGE
PB
