Karnataka High Court
Smt Jayamma vs The Superintendent Of Post Office on 6 November, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:44875
MFA No. 3393 of 2018
C/W MFA No. 5074 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 3393 OF 2018
C/W
MISCELLANEOUS FIRST APPEAL NO. 5074 OF 2018
(MV-D)
IN MFA No. 3393/2018:
BETWEEN:
1. THE SUPERINTENDENT OF POST OFFICE
POST OFFICES, CHANNAPATNA BRANCH,
CHANNAPATNA TALUK,
RAMANAGAR DISTRICT
PIN-562160.
...APPELLANT
(BY SRI. B PRAMOD., ADVOCATE)
AND:
Digitally signed
by KIRAN 1. SMT. JAYAMMA
KUMAR R
W/O. LATE. PUTTASWAMIAH,
Location: HIGH
COURT OF AGED ABOUT 52 YEARS,
KARNATAKA
2. LAKSHMAMMA @ LAKSHMI
D/O. LATE. PUTTASWAMIAH,
AGED ABOUT 29 YEARS,
3. SAROJA
D/O. LATE. PUTTASWAMIAH,
AGED ABOUT 28 YEARS,
4. BASAVARAJU .P
S/O. LATE. PUTTASWAMIAH,
-2-
NC: 2024:KHC:44875
MFA No. 3393 of 2018
C/W MFA No. 5074 of 2018
AGED ABOUT 26 YEARS,
ALL ARE R/AT. KANNAMANGALADDODI,
IJJOR POST,
KASABA HOBLI,
RAMANAGARA TALUK & DISTRICT,
PIN - 562159.
...RESPONDENTS
(BY SRI. K SHANTHARAJ., ADVOCATE FOR R1 TO R4)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:06.09.2017
PASSED IN MVC NO.113/2014 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE, & CJM, MACT, RAMANAGARAM,
AWARDING COMPENSATION OF RS.9,97,400/- WITH INTEREST
@ 6% P.A. FROM THE DATE OF PETITION TILL DEPOSIT.
IN MFA NO. 5074/2018:
BETWEEN:
1. SMT JAYAMMA
W/O. LATE. PUTTASWAMAIAH,
AGED ABOUT 52 YEARS,
2. LAKSHMAMMA @ LAKSHMI
D/O. LATE. PUTTASWAMAIAH,
AGED ABOUT 29 YEARS,
3. SAROJA
D/O. LATE. PUTTASWAMAIAH,
AGED ABOUT 28 YEARS,
4. BASAVARAJU P.
S/O. LATE. PUTTASWAMAIAH,
AGED ABOUT 26 YEARS,
ALL ARE R/AT. KANNAMANGALA DODDI,
IJUR POST, KASABA HOBLI,
RAMANAGARA TALUK & DISTRICT,
-3-
NC: 2024:KHC:44875
MFA No. 3393 of 2018
C/W MFA No. 5074 of 2018
562159.
...APPELLANTS
(BY SRI.K.SHANTHARAJ., ADVOCATE)
AND:
1. THE SUPERINTENDENT OF POST OFFICE
POST OFFICES,
CHANNAPATNA BRANCH,
CHANNAPATNA TALUK,L
RAMANAGARA DISTRICT,
562160.
...RESPONDENT
(BY SRI. B.PRAMOD., ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 06/09/2017,
PASSED IN MVC NO.113/2014, ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE & CHIEF JUDICIAL
MAGISTRATE & MACT, RAMANAGARAM, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. The Postal Department is in appeal challenging the
award of Rs.9,97,400/- awarded by the Tribunal to the
legal representatives of Puttaswamaiah, who was killed in
a motor vehicle accident on 06.02.2014.
NC: 2024:KHC:44875
2. The Postal Department, which owned the vehicle that
was involved in the accident, contends that the age of
Puttaswamaiah was wrongly taken as 50 years and
consequently, the multiplier adopted would be incorrect.
3. It is sought to be contended that Puttaswamaiah had
made an application for grant of pension and while doing
so, he had stated that he was born on 01.01.1948 and,
therefore, going by that date, Puttaswamaiah would have
been 66 years old as on 06.02.2014.
4. The learned counsel for the claimants, on the other
hand, contended that the Tribunal has rightly taken the
age of the deceased as 50 years on the basis of the post-
mortem report and he also submits that the income taken
for assessing the compensation is on the lower side.
5. The Tribunal, while assessing the age of the
deceased, has taken the post-mortem report into
consideration. The post-mortem report would, at best, be
NC: 2024:KHC:44875
an approximation of his age since the doctors do not really
certify the date at the time of conducting the autopsy.
6. At the same time, the reliance placed on the pension
papers submitted by Puttaswamaiah also cannot be
accepted since there is no basis for making the date of
birth as 01.01.1948. Having regard to the fact that
Puttaswamaiah did not have any documents at the time of
making an application for grant of pension, the acceptance
of date of birth as 01.01.1948 which has entered without
any basis cannot be accepted.
7. In my view, therefore, having regard to the totality
of the circumstances, it will have to be held that
Puttaswamaiah was aged more than 50 years since his
wife was aged 48 years and his children have been shown
to be in the age band of 25 to 22 years. Accordingly, for
the purpose of adopting the multiplier, his age is taken as
50 years.
NC: 2024:KHC:44875
8. As far as the monthly notional income is concerned,
the Tribunal has taken the income as Rs.8,000/-, since
there was no proof of actual income. In such cases, the
sum of Rs.8,500/- determined by the Karnataka State
Legal Services Authority for the accidents of the year 2014
will have to be adopted.
9. Since Puttaswamaiah is now assessed to be more
than 50 years, 10% of the income determined (Rs.850/-)
would have to be added as future prospects. The net
income would be Rs.9,350/-.
10. Out of said sum, 1/3rd (Rs.3,167/-) would have to be
deducted towards personal expenses of the deceased.
The net income would be Rs.6,183/-.
11. The multiplier applicable for the age of deceased (50
years) is '13'. Consequently, the claimants would be
entitled to a sum of Rs.9,64,548/- (Rs.6,183/- x 12 x '13')
towards loss of dependency.
NC: 2024:KHC:44875
12. The claimants, being the wife and three children
would each be entitled to a sum of Rs.48,400/- towards
"loss of consortium" i.e., in all Rs.1,93,600/- and they
would also be entitled to a sum of Rs.36,300/- under the
"conventional heads".
13. Thus, the claimants, in modification of the impugned
award, would be entitled to the following sums :
Sl. Amount
Nature of Heads
No. (In Rs.)
Loss of Dependency
1. 9,64,548/-
(Rs.6,183/- x 12 x '13')
2. Loss of Consortium 1,93,600/-
3. Conventional Heads 36,300/-
Total 11,94,448/-
14. Thus, the claimants would be entitled for
compensation of Rs.11,94,448/- as against
Rs.9,97,400/- awarded by the Tribunal, along with interest
at the rate of six per cent per annum from the date of
petition till its realization.
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15. The apportionment, deposit and release of the
enhanced compensation amount shall be made as per the
ratio adopted by the Tribunal.
16. The respondent--Postal Department is directed to
deposit the amount of compensation awarded along with
interest within a period of eight weeks from the date of
receipt of a certified copy of this judgment.
17. The amount in deposit, if any, shall be transferred to
the Tribunal for disbursal in terms of the award.
18. The disbursement of the compensation amount shall
be made as per the award of the Tribunal.
19. The appeal by the claimants is accordingly allowed
in part and the appeal by the Postal Department is
dismissed.
Sd/-
(N S SANJAY GOWDA)
JUDGE
RK
