Karnataka High Court
Smt. Minakshi @ Meenakshi And Ors vs Depot Manager (A) Sr S.T on 20 February, 2024
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NC: 2024:KHC-K:1648
MFA No. 200973 of 2018
C/W MFA No. 200976 of 2018
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI
MISC. FIRST APPEAL NO.200973 OF 2018 (MV-D)
C/W
MISC. FIRST APPEAL NO.200976 OF 2018 (MV-D)
IN MFA NO.200973/2018 :-
BETWEEN:
1. RACHANNA S/O LATE SHIVARAY TELI
(SAJJANSHETTY)
AGE: 27 YEARS, OCC: STUDENT.
2. GURUNATH S/O LATE SHIVARAY TELI
(SAJJANSHETTY)
AGE: 25 YEARS, OCC: STUDENT.
Digitally signed
by KHAJAAMEEN 3. SMT. MINAKSHI @ MEENAKSHI
L MALAGHAN
W/O LATE MAHALING TELI
Location: High
Court of (SAJJANSHETTY)
Karnataka AGE: 28 YEARS, OCC: HOUSEHOLD.
4. VAISHNAVI D/O LATE MAHALING TELI
(SAJJANSHETTY)
AGE: 2 YEARS 4 MONTHS, OCC: NIL,
MINOR, U/G OF HER MOTHER
APPELLANT NO.3 SMT. MINAKSHI
W/O LATE MAHALING TELI (SAJJANSHETTY)
ALL R/O. HULSOOR, TQ. BASAVAKALYAN,
DIST: BIDAR, NOW AT R/O.9-12-119,
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MFA No. 200973 of 2018
C/W MFA No. 200976 of 2018
OPP: BASAVA KENDRA KALYAN MANTAP
VIDYANAGAR COLONY,
BIDAR-KARNATAKA-585403.
...APPELLANTS
(BY SRI.SANJEEV PATIL, ADVOCATE)
AND:
DEPOT MANAGER (A) SR S.T.
SWARGATE DEPOT,
MAHARASHTRA STATE ROAD TRANSPORT
CORPORATION PUNE-37
MAHARASHTRA STATE
PIN CODE:411042.
...RESPONDENT
(BY SRI.RAHUL R. ASTURE, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173 (1) OF M.V.
ACT, PRAYING TO ALLOW THIS APPEAL AND ENHANCE THE
COMPENSATION TO RS.15,00,000/- ALONG WITH INTEREST BY
MODIFYING THE JUDGMENT AND AWARD OF THE ADDL.
SENIOR CIVIL JUDGE AND CJM AND ADDL. MACT, BIDAR
DATED 03.10.2017 IN MVC.NO.66/2016 AND ETC.,
IN MFA NO.200976/2018 :-
BETWEEN:
1. SMT. MINAKSHI @ MEENAKSHI
W/O LATE MAHALING TELI
(SAJJANSHETTY)
AGE: 27 YEARS, OCC: HOUSEHOLD.
2. VAISHNAVI D/O LATE MAHALING TELI
(SAJJANSHETTY)
AGE: 2 YEARS 4 MONTHS, OCC: NIL,
MINOR, U/G OF HER MOTHER
APPELLANT NO.1 SMT. MINAKSHI
W/O LATE MAHALING TELI (SAJJANSHETTY)
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MFA No. 200973 of 2018
C/W MFA No. 200976 of 2018
3. RACHANNA S/O LATE SHIVARAY TELI
(SAJJANSHETTY)
AGE: 27 YEARS, OCC: STUDENT.
4. GURUNATH S/O LATE SHIVARAY TELI
(SAJJANSHETTY)
AGE: 24 YEARS, OCC: STUDENT.
ALL R/O. HULSOOR, TQ. BASAVAKALYAN,
DIST: BIDAR, NOW AT R/O.9-12-119,
OPP: BASAVA KENDRA KALYAN MANTAP
VIDYANAGAR COLONY,
BIDAR-KARNATAKA-585403.
...APPELLANTS
(BY SRI. SANJEEV PATIL, ADVOCATE)
AND:
DEPOT MANAGER (A) SR S.T.
SWARGATE DEPOT,
MAHARASHTRA STATE ROAD TRANSPORT
CORPORATION PUNE-37,
MAHARASHTRA STATE
PIN CODE:411042.
VEHICLE MSRTC BUS BEARING
NO.MH-14/BT-4775.
...RESPONDENT
(BY SRI.RAHUL R. ASTURE, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173 (1) OF M.V.
ACT, PRAYING TO ALLOW THIS APPEAL AND ENHANCE THE
COMPENSATION TO RS.15,00,000/- ALONG WITH INTEREST BY
MODIFYING THE JUDGMENT AND AWARD OF THE ADDL.
SENIOR CIVIL JUDGE AND CJM AND ADDL. MACT, BIDAR
DATED 03.10.2017 IN MVC NO.65/2016 AND ETC.,
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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MFA No. 200973 of 2018
C/W MFA No. 200976 of 2018
JUDGMENT
Aggrieved by the judgment and award passed in
MVC.No.65/2016 and MVC.No.66/2016 dated 03.10.2017
by the Additional Senior Civil Judge and CJM and
Additional MACT, at Bidar (for short 'Tribunal'), both the
claimants are before this Court seeking enhancement of
the compensation.
02. It is the case of the claimants that on
20.08.2016 at about 05.00 p.m. the deceased - Mahaling
with his mother - Mallamma were traveling from Bidar to
Hulsoor on a motorcycle, when they reached at the
outskirts of Bhalki, one MSRTC Bus came from opposite
direction and dashed to the motorcycle. As a result of
which, both the son and the mother died on the spot.
Hence, two claim petitions were filed. MVC.No.65/2016 is
in respect of the death of the son and MVC.No.66/2016 is
in respect of the death of the mother.
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03. MFA.No.200976/2018 arising out of
MVC.No.65/2016 :- It is the case of the claimants that
they are the wife, daughter and two brothers of the
deceased - Mahaling. It is stated that the deceased was
working as police constable and getting salary of an
amount of Rs.19,479/-. The father of the deceased died
before and the mother died in the accident along with son.
According to the claimants, the wife and daughter as well
as two brothers of the deceased are dependents upon the
income of the deceased. The Tribunal had taken the salary
at Rs.19,479/- and by deducting 1/3rd, had granted the
compensation as per the table given below :-
Sl. Heads Compensation
No. Awarded
1. Loss of love and affection Rs.40,000/-
2. Loss of Estate Rs.40,000/-
3. Loss of consortium Rs.50,000/-
4. Funeral Expenses Rs.25,000/-
5. Loss of dependency Rs.37,39,968/-
Total Rs.38,94,968/-
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04. The learned counsel appearing for the
appellants submits that the Tribunal had failed to consider
the fact that the claimants No.3 and 4 has lost both the
parents. They were studying and they are dependent on
both the mother and brother. The Tribunal without
considering the same, had deducted 1/3rd which is not
correct. The compensation that was awarded is not just
and reasonable.
05. The learned counsel for the corporation submits
that there is no evidence on record to show that the
claimants No.3 and 4 are dependents upon the deceased.
The Tribunal had rightly deducted 1/3rd. The learned
counsel further submits that the Tribunal had not deducted
the professional tax of Rs.200/- from the salary and
granted the compensation. It is submitted that though
they have not preferred any appeal, as this Court is
considering the quantum, the Court can look into the said
aspect.
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06. In response to the same, the learned counsel
for the claimants submits that when the corporation had
not preferred any appeal, in its appeal it is not open for
them to raise all these grounds.
07. Having heard the learned counsel on either
side, perused the entire material on record.
08. Firstly coming to the contention of both the
parties that the salary of the deceased is Rs.19,479/-, the
professional tax of Rs.200/- was not deducted. The
corporation had not filed any appeal, but still when this
Court is looking at the quantum, when a irregularity is
committed by the Tribunal, that has to be corrected.
Hence, the salary was rightly taken at Rs.19,479/-. An
amount of Rs.200/- is deducted towards professional tax,
it would Rs.19,279/-. Age of the deceased is 35 years and
working as a police constable and is a settled employment.
Hence, the claimants are entitled for 50% future
prospects, it comes to Rs.9,639/-. If the same is added,
his salary is Rs.28,918/-.
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09. Next issue that falls for consideration is about
the deduction. According to the learned counsel for the
corporation, only two persons are dependent on the
deceased. As such 1/3rd has to be deducted. It is the
contention of the learned counsel for the appellants that
both the brothers of the deceased are dependents and
1/4th has to be deducted. It is argued by the learned
counsel for the corporation that no evidence is adduced to
show that the claimants No.3 and 4 are dependents on the
deceased. This Court has perused the entire material on
record. In the accident the mother and the brother died
and the father predeceased mother. Looking to the cause
title, both of them are 22 and 24 years old and are
students, who are still not settled in their life. Considering
all these aspects, this Court comes to the conclusion that
for their education, they have to depend upon the income
of the deceased. Hence, 1/4th has to be deducted towards
personal expenses. 1/4th of the salary is Rs.7,229/-. His
contribution to the family would be Rs.21,689/- x 12 and
the relevant multiplier 16 (Rs.21,689x12x16=41,64,288).
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Then towards loss of dependency the claimants are
entitled for an amount of Rs.41,64,288/-. Towards
consortium only the claimants No.1 and 2 i.e., the wife
and the daughter are entitled for an amount of
Rs.96,000/- (Rs.48,000/- x 2). The claimants are entitled
for compensation towards funeral expenses at
Rs.36,000/-.
10. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V.MEKALA vs. M.
MALATHI AND ANOTHER1, claimant is entitled for an
amount of Rs.10,000/- towards Legal Expenses.
Altogether claimant is entitled for the compensation under
the following heads :-
Sl. Heads Compensation Compensation
No. Awarded by the Awarded by this
Tribunal Court
01. Loss of love and Rs.40,000/- Rs.40,000/-
affection
02. Loss of Estate Rs.40,000/- Rs.40,000/-
03. Loss of consortium Rs.50,000/- Rs.96,000/-
04. Funeral Expenses Rs.25,000/- Rs.36,000/-
(2014) 11 SCC 178
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05. Loss of dependency Rs.37,39,968/- Rs.41,64,288/-
06. Legal Expenses - Rs.10,000/-
Total Rs.38,94,968/- Rs.43,86,288/-
11. Accordingly, MFA.No.200976/2018 filed by the
claimants is Allowed-in-part by enhancing the
compensation from an amount of Rs.38,94,968/- to
Rs.43,86,288/-.
a) The enhanced amount shall carry interest @ 6%
per annum from the date of petition, till the date
of realization.
b) Respondent-Corporation shall deposit the said
compensation amount with accrued interest
before the Tribunal within a period of 8 (Eight)
weeks.
c) The Registry is directed to return the Trial Court
Record to the Tribunal along with the certified
copy of the order passed by this Court forthwith
without any delay.
d) No Costs.
Pending miscellaneous petitions, if any, shall stand
closed.
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12. MFA.No.200973/2018 arising out of
MVC.No.66/2016. According to the claimants, their
mother is doing agriculture work and she is earning an
amount of Rs.1,50,000/- per annum. The Tribunal had
taken the income at Rs.6,000/- per month and deducted
1/3rd and granted the compensation as per the table given
below :-
Sl. Heads Compensation
No. Awarded
1. Loss of Love and Affection Rs.20,000/-
2. Loss of Estate Rs.20,000/-
3. Funeral Expenses Rs.20,000/-
4. Loss of Dependency Rs.4,32,000/-
Total Rs.4,92,000/-
13. The learned counsel for the claimants submits
that the accident is of the year 2016 and Tribunal had
taken the income at Rs.6,000/- per month is on the lower
side. It is further submitted that even under the other
conventional heads the compensation that was awarded by
the Tribunal is on the lower side.
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14. The learned counsel for the corporation submits
that the Tribunal had rightly taken the income and granted
the compensation basing on the evidence on record. It is
submitted that no grounds are made out for enhancement
of the compensation.
15. Having heard the learned counsel on either
side, perused the entire material on record.
16. According to the claimants the deceased was
earning an amount of Rs.1,50,000/- per annum. There is
no evidence in this regard. This Court considering the
Notional Income Chart prepared by the Karnataka State
Legal Services Authority, for the year 2016, income is
taken at Rs.8,750/- per month. As the deceased is 52
years old, 10% future prospects would comes Rs.875/-
(Rs.8,750/- + Rs.875/-) = Rs.9,625/-. 1/4th has to be
deducted towards personal expenses i.e., Rs.2,406/-. Then
the contribution to the family is Rs.7,219/-. (Rs.7,219 x 12
x 9 = Rs.7,79,652/-). The loss of dependency would
come to Rs.7,79,652/-. The claimants are entitled for
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compensation towards loss of consortium at
Rs.96,000/- (Rs.48,000/- x 2). The claimants are entitled
for compensation towards funeral expenses at
Rs.36,000/-.
17. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V.MEKALA vs. M.
MALATHI AND ANOTHER2, claimant is entitled for an
amount of Rs.10,000/- towards Legal Expenses.
Altogether claimant is entitled for the compensation under
the following heads :-
Sl. Heads Compensation Compensation
No. Awarded by the Awarded by this
Tribunal Court
01. Loss of Love and Rs.20,000/- Rs.20,000/-
Affection
02. Loss of Estate Rs.20,000/- Rs.20,000/-
03. Funeral Expenses Rs.20,000/- Rs.36,000/-
04. Loss of Dependency Rs.4,32,000/- Rs.7,79,652/-
05. Loss of consortium - Rs.96,000/-
06. Legal Expenses - Rs.10,000/-
Total Rs.4,92,000/- Rs.9,61,652/-
(2014) 11 SCC 178
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18. Accordingly, MFA.No.200973/2018 filed by the
claimants is Allowed-in-part by enhancing the
compensation from an amount of Rs.4,92,000/- to
Rs.9,61,652/-.
a) The enhanced amount shall carry interest @
6% per annum from the date of petition, till
the date of realization.
b) Respondent-Corporation shall deposit the said
compensation amount with accrued interest
before the Tribunal within a period of 8 (Eight)
weeks.
c) The Registry is directed to return the Trial
Court Record to the Tribunal along with the
certified copy of the order passed by this
Court forthwith without any delay.
d) No Costs.
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Pending miscellaneous petitions, if any, shall stand
closed.
Sd/-
JUDGE
KJJ
CT:VD
