Karnataka High Court
Sri Shahejana Begum vs The Managing Director on 4 June, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:19104
MFA No. 4413 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 4413 OF 2015 (MV-D)
BETWEEN:
1. SMT. SHAHEJANA BEGUM
W/O LATE ALLA BAKASH,
AGE:49 YEARS
2. KUM. FARHANA KHANUM
D/O LATE ALLA BAKASH,
AGED:23 YEARS,
BOTH ARE R/O HOLALUR VILLLAGE,
SHIVAMOGGA TALUK AND DISTRICT
...APPELLANTS
(BY SMT. MANJULADEVI R.KAMADALLI, ADVOCATE)
AND:
1. THE MANAGING DIRECTOR
N.W.K.S.R.T.C.
NARAGUNDA DEPOT, GADAG,
Digitally signed by OWNER OF KSRTC BUS NO.KA-42/F-596.
BASAVARAJU
PAVITHRA
Location: HIGH 2. SHEKHAPPA B. CHIMMANAKATTE
COURT OF S/O BHEEMAPPA CHIMMANAKATTE,
KARNATAKA
AGE:43 YEARS,
DRIVER OF KSRTC BUS
NO.KA-42/F-596.
BADGE NO.621,
NWKSRTC DEPOT,
NARAGUNDA, GADAG DISTRICT.
3. UNITED INDIA INSURANCE CO.LTD.,
1ST FLOOR, RVR COMPLEX,
OPP. LIC OFFICE,
BEHIND KSRTC BUS STAND,
IJOOR RAMANAGARAM-562169,
POLICE NO.072383/31/11/02/00000280.
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NC: 2024:KHC:19104
MFA No. 4413 of 2015
4. HARSHA
S/O PRABHURAO,
MAJOR,
R/O BEHIND V ANDANA TALKIES,
SEEGEHATTI SHIMOGA TALUK-577201,
(R.C.OWNER OF VEHICLE BEARING
REG. NO.KA-14/TR-31641)
5. SAMIULLA
S/O NAZEER SAB,
MAJOR,
VEGETABLE MERCHANT,
R/O HALOLURU VILLAGE,
SHIMOGA TALUK-577201,
(RIDER OF VEHICLE BEARING
REG. NO.KA-14/TR-31641)
6. NATIONAL INSURANCE CO.LTD.,
S.S.COMPLEX, 1ST FLOOR,
OPP. TO CHURCH,
B.H.ROAD, SHIMOGA.
(POLICY COVER
NO.214600/31/KA/10838/2012/884302)
...RESPONDENTS
(BY SRI. C SHANKARA REDDY, ADVOCATE FOR R3;
VIDE ORDER DATED 10.08.2015, NOTICE TO
R1, 2, 4 TO 6 IS DISPENSED WITH)
THIS MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 24.11.2014 PASSED IN MVC NO.326/2012
ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT,
ADDITIONAL MACT-III, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC:19104
MFA No. 4413 of 2015
JUDGMENT
This appeal is filed under Section-173(1) of the Motor
Vehicles Act, 1988, (hereinafter referred to as 'MV Act' for
brevity) by the appellants-claimants, challenging the judgment
and award dated 24.11.2014 in MVC No.326/2012 passed by
the Fast Track And Additional MACT-III, Shivamogga,
(hereinafter referred to as 'the Tribunal' for brevity) seeking
enhancement of compensation.
2. Brief facts of the case are as under:
Appellant No.1 is the mother and appellant No.2 is the
sister of the deceased-Vasim Akram Khan. It is the case of the
appellants-claimants that on 19.02.2012 at about 1:00 p.m.,
deceased Vasim Akram Khan was proceeding in a motor cycle
bearing Registration No.KA 14 TR 3164 as a pillion rider near
the field of Doddappara Revanna, Shivamogga-Honnali road
near Holalur and at that time, the second respondent came
driving the bus, bearing Registration No.KA 42 F 596, in a rash
and negligent manner with high speed and dashed against the
deceased. Due to which the deceased sustained grievous
injuries succumbed to the injuries at Mc.Gann Hospital,
Shivamogga.
NC: 2024:KHC:19104
3. The Tribunal, on appreciating the materials on record,
allowed the petition in part, and awarded a compensation of
Rs.4,45,000/-, along with interest at 6% per annum from the
date of petition till realization.
4. The Tribunal after appreciating the evidence on record
has awarded the compensation on various heads as follows:
1. Loss of love and affection Rs. 20,000/-
2. Transportation, funeral and Rs. 10, 000/-
obsequies
3. Loss of estate Rs. 25,000/-
4. Loss of dependency Rs. 3,90,000/-
Total Rs. 4,45,000/-
5. The Tribunal has fastened the liability on the Insurance
Company to pay compensation.
6. Heard the arguments of learned counsel on both sides
and perused the records.
7. Learned counsel for the appellants-claimants submitted
that the deceased was aged 22 years and was working as a
Mechanic in a APE Showroom, Chamundi Motors, Bengaluru,
earning Rs.8,000/- per month as per Exhibit P7-Salary
NC: 2024:KHC:19104
certificate. Further, learned counsel for the appellants
submitted that the compensation awarded by the Tribunal
under the various heads is not sufficient. Therefore, prays to
enhance the compensation on various heads.
8. Learned counsel for respondent No.3-Insurance Company
argued opposing the appeal and prays to dismiss the appeal.
9. It is submitted that the deceased was working as a
Mechanic in APE Showroom, Chamundi Motors, Bengaluru,
and earning Rs.8,000/- per month. In support, the appellants
have produced the Salary Certificate at Exhibit-P7 and
therefore, requested to consider the income of the deceased at
Rs.8,000/- per month. Therefore, the compensation awarded
by the Tribunal considering the income of the deceased at
Rs.5,000/- is not correct. The appropriate multiplier applicable
as per the judgment of the Hon'ble Supreme Court, in the case
of Smt.Sarla Verma & Others. Vs. Delhi Transport
Corporation and Another reported in AIR 2009 SC 3104,
is '18', since the appellant was aged 22 years at the time of
accident. Further, the accident has occurred in the year 2012.
Therefore, as per the Salary Certificate, monthly income
of the deceased Rs.8,000/- is to be taken into consideration.
NC: 2024:KHC:19104
Further, as per principle of law laid down by the Hon'ble Apex
Court in the case of National Insurance Co. Ltd. Vs.
Pranay Sethi reported in (2017) 16 SCC 680, 40% of his
monthly income is added towards 'Loss of Future Prospects in
life', i.e., Rs.3,200/- (Rs.8,000/- x 40%). Therefore, the
monthly income of the deceased is taken at Rs.11,200/-
(Rs.8,000/- + Rs.3,200/-). Since, the deceased was a
bachelor, 50% of deceased income is deducted towards
personal expenses and the contribution to the family is taken
as Rs.5,600/- per month. Therefore, the compensation under
the head 'Loss of Dependency' is recalculated and quantified as
follows:
Rs.11,200 / 50% x 18 x 12 = Rs.12,09,600/-
10. If the loss of consortium is taken at Rs.44,000/- for each
dependent (Rs.40,000/-+ 10% escalation), the amount would
work out to Rs.88,000/- (Rs.44,000x2)
11. The amount towards loss of estate can be awarded at
Rs.16,500/- (Rs.15,000/- + 10% escalation).
NC: 2024:KHC:19104
12. The amount towards funeral expenses can be awarded
at Rs.16,500/- (Rs.15,000 + 10% escalation). Hence, the
total compensation is worked out as under:
Sl.No. Particulars Amount
1. Loss of dependency Rs. 12,09,600-00
2. Loss of consortium Rs. 88,000-00
3. Loss of estate Rs. 16,500-00
4. Funeral expenses Rs. 16,500-00
Total Rs. 13,30,600-00
13. In view of the aforesaid observations, the judgment and
award passed by the Tribunal is modified. The appellants-
claimants are entitled for a total enhanced compensation of
Rs.13,30,600/- as against Rs.4,45,000/- awarded by the
Tribunal. Hence, the appellants are entitled
for an additional compensation of Rs.8,85,600/-
[Rs.13,30,600(-)Rs.4,45,000], along with interest at the
rate of 6% per annum from the date of petition till the
date of realization.
14. Accordingly, I pass the following
ORDER
(i) Appeal is allowed in part;
NC: 2024:KHC:19104
(ii) The judgment and award dated 24.11.2014 in
MVC No.326/2012 passed by the Fast Track and
Additional Motor Accidents Claims Tribunal-III,
Shivamogga, is modified to the above extent;
(iii) The appellants are entitled to an enhanced
compensation of Rs.8,85,600/- (Rs.13,30,600 -
Rs.4,45,000), along with interest at the rate
of 6% per annum from the date of petition
till the date of realization, in addition to what has
been awarded by the Tribunal;
(iv) Registry is directed to return the Trial Court Records
to the Tribunal, along with certified copy of the
order passed by this Court, forthwith; and
(v) Draw award accordingly.
Sd/-
JUDGE
AV
