Karnataka High Court
The Managing Director vs Smt Ramakka on 28 June, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:24196
MFA No. 6189 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 6189 OF 2019 (MV-D)
BETWEEN:
THE MANAGING DIRECTOR
B M T C CENTRAL OFFICE
K H ROAD, SHANTHINAGAR
BANGALORE - 560 027.
...APPELLANT
(BY SRI. D VIJAYKUMAR., ADVOCATE)
AND:
1. SMT RAMAKKA
W/O LATE SIDDAIAH
AGED ABOUT 35 YEARS.
2. MAHALAKSHMI
D/O LATE SIDDAIAH
AGED ABOUT 10 YEARS.
Digitally signed by 3. VIDYASHRI
R HEMALATHA D/O LATE SIDDAIAH
Location: HIGH
COURT OF AGED ABOUT 8 YEARS.
KARNATAKA
4. CHIRANJIVI
S/O LATE SIDDAIAH
AGED ABOUT 7 YEARS
RESPONDENT NO 2-4 ARE MINOR
REPRESENTED BY THEIR MOTHER &
NATURAL GUARDIAN THE 1ST RESPONDENT
PRESENT ADDRESS MANJUNATH NO 375
PATTALAMMA LAYOUT KADUGODI
BENGALURU-67.
-2-
NC: 2024:KHC:24196
MFA No. 6189 of 2019
5. MR MANJUNATHA
S/O HANUMAAPPA (MUNIYAPPA )
AGED ABOUT 39 YEARS
R/O SAMETHANAHALLI VILLAGE AND POST
HOSKOTE TALUK, BANGALORE RURAL DISTRICT
(RC. OWNER OF MOTOR CYCLE NO KA- 53-J-3058)
...RESPONDENTS
(BY SRI. MUNIYAPPA D.,ADVOCATE FOR R1 TO R4;
V/O DATED 20.04.2023 NOTICE TO R5 D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT 1989 AGAINST THE
JUDGMENT AND AWARD DATED 13/03/2019, PASSED IN MVC
NO.391/2014, ON THE FILE OF THE V ADDITIONAL COURT OF
SMALL CAUSES JUDGE & XXIV ACMM., MEMBER, MACT,
BENGALURU (SCCH-20), AWARDING COMPENSATION OF
RS.20,86,000/- WITH INTEREST @ 9% P.A., FROM THE DATE OF
PETITION TILL ITS REALIZATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed under Section 173(1) of the Motor
Vehicles Act, challenging the award and judgment dated March 13,
2019, passed by the V Additional Court of Small Causes and XXIV
A.C.M.M. & SCCH-20, Bangalore, in MVC No. 391/2014.
2. The claimants filed a claim petition under Section 166
of the Indian Motor Vehicles Act, seeking just and proper
compensation for the death of Siddaiah, who succumbed to injuries
sustained in a road traffic accident on December 21, 2013. The
Tribunal awarded a total compensation of Rs. 20,86,000/- with
interest at 9% from the date of the petition until realization.
NC: 2024:KHC:24196
3. The Bangalore Metropolitan Transport Corporation
(BMTC) is in appeal before this Court, challenging the quantum of
compensation awarded by the Tribunal.
4. Heard the learned counsel for the appellant and the
learned counsel for the respondents, and perused the records.
5. The accident occurred in 2013, and the deceased was
35 years old at the time of the accident. The claimants, in order to
substantiate the deceased's earnings, stated before the Tribunal
that the deceased was an Ayurvedic Practitioner earning Rs.
8,000/- per month and was also engaged in agriculture.
6. Taking into account that the deceased was an
Ayurvedic Practitioner, it would be appropriate to assess the
income of the deceased at Rs. 9,000/- per month, as opposed to
the Rs. 10,000/- assessed by the Tribunal. After adding 40% to
account for future prospects and deducting 1/4th towards his
personal expenses, the income of the deceased is assessed at Rs.
9,450/- per month. By adopting a multiplier of 16, the compensation
towards loss of dependency amounts to Rs. 18,14,400/- (9,450 x
12 x 16 x 3/4).
7. Additionally, the claimants are entitled to compensation
of Rs.40,000/- each towards loss of consortium, which totals
Rs.1,60,000/- for the four claimants. They are also entitled to
Rs.30,000/- towards loss of estate and funeral expenses. In total,
they are entitled to a sum of Rs.20,04,400/- as against the
NC: 2024:KHC:24196
Rs.20,86,000/- awarded by the Tribunal, with interest at 6% per
annum from the date of the petition until realization. This results in
a reduced compensation difference of Rs.81,600/-.
8. Accordingly, the appeal is allowed in part. The
judgment and award passed by the Tribunal are modified to the
extent stated above. The claimants are entitled to a total
compensation of Rs. 20,04,400/- with interest at 6% per annum
from the date of the petition until realization.
9. The appellant, BMTC, is directed to deposit the
reduced compensation amount with interest within two months from
the date of receipt of a copy of this judgment. The Tribunal shall
ensure the proper disbursement of the compensation amount to the
claimants.
10. To the aforesaid extent, the judgment passed by the
Tribunal is modified.
11. The Statutory amount as well as the amount in deposit
in the light of the interim order passed by this Court to be
transmitted to the Jurisdictional Tribunal.
12. Accordingly, the appeal is disposed of.
Sd/-
JUDGE
HR
