Karnataka High Court
Puttagowramma vs Divisional Manager on 12 November, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2024:KHC:45771
MFA No. 1681 of 2019
C/W MFA No. 2715 of 2018
MFA No. 3202 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 1681 OF 2019
(MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 2715 OF 2018
(MV-D)
MISCELLANEOUS FIRST APPEAL NO. 3202 OF 2018
(MV-D)
IN MFA No. 1681/2019:
BETWEEN:
1. KARNATAKA STATE ROAD
TRANSPORT CORPORATION
MANDYA DIVISION,
MADNYA DEPOT,
MYSORE BENGALURU ROAD,
Digitally signed OPPOSITE TO KEB, I FLOOR
by KIRAN
KUMAR R KSRTC BUS STAND, LMANDYA
Location: High BY ITS DIVSIIONAL CONTROLLER
Court of
Karnataka REPRESENTED BY ITS
CHIEF LAW OFFICER
...APPELLANT
(BY SMT.H.R.RENUKA., ADVOCATE)
AND:
1. CHIKKALINGAMMA
W/O BHOOMI SIDDAIAH
AGED ABOUT 36 YEARS
R/O RAMANATHA MOLE VILLAGE
KIRUGAVALU HOBLI,
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MFA No. 1681 of 2019
C/W MFA No. 2715 of 2018
MFA No. 3202 of 2018
MALAVALLI TALUK
MANDYA DISTRICT 571 430.
...RESPONDENT
(RESPONDENT SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 28/12/2018,
PASSED IN MVC NO.1360/2017, ON THE FILE OF THE SENIOR
CIVIL JUDGE AND MACT, MALAVALLI, AWARDING
COMPENSATION OF RS.20,330/- WITH INTEREST AT THE RATE
OF 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO. 2715/2018:
BETWEEN:
1. KARNATAKA STATE ROAD
TRANSPORT CORPORATION
MANDYA DIVISION
MANDYA DEPOT
MYSORE BENGALURU ROAD,
OPPOSITE TO KEB
MANDYA CITY, MANDYA DISTRICT
BY ITS DIVISIONAL CONTROLLER
REPRESENTED BY ITS CHIEF LAW OFFICER
...APPELLANT
(BY SMT. H.R. RENUKA., ADVOCATE)
AND:
1. PUTTAGOWRAMMA
W/O LATE NAGARAJU @
NAGAPPA KARIYAPPA AGED ABOUT 32 YEARS
2. SUSHMITHA MINOR
D/O LATE NAGARAJU @ NAGAPPA KARIYAPPA AGED
ABOUT 9 YEARS
3. PRATHEEKSHA MINOR
D/O LATE NAGARAJU @ NAGAPPA KARIYAPPA AGED
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MFA No. 1681 of 2019
C/W MFA No. 2715 of 2018
MFA No. 3202 of 2018
ABOUT 6 YEARS
R-2 AND R-3 ARE MINORS
REPRESENTED BY THEIR NATURAL GUARDIAN
R-1 PUTTAGOWRAMMA
ALL ARE RESIDING AT
MIKKERE VILLAGE
MALAVALLI TALUK
MANDYA DISTRICT -571430
...RESPONDENTS
(BY SRI. M.Y.SREENIVASAN., ADVOCATE FOR R-1 TO R-3)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 18/11/2017,
PASSED IN MVC NO.1453/2016, ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC., MALAVALLI, AWARDING
COMPENSATION OF RS.9,97,500/- TOGETHER WITH INTEREST
AT 9% PER ANNUM FROM THE DATE OF PETITION TILL THE
DATE OF DEPOSIT.
IN MFA NO. 3202/2018:
BETWEEN:
1. PUTTAGOWRAMMA
W/O LATE NAGARAJU @ NAGAPPA
AGED ABOUT 32 YEARS,
2. SUSHMITHA
D/O LATE NAGARAJU @ NAWGAPPA
AGED ABOUT 9 YEARS,
3. PRATHEEKSHA
D/O LATE NAGARAJU @ NAWGAPPA
AGED ABOUT 6 YEARS,
APPELLANT No.2 AND 3 ARE MINORS
REP BY THEIR NATURAL GUARDIAN
MOTHER A-1 PUTTAGOWRAMMA
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NC: 2024:KHC:45771
MFA No. 1681 of 2019
C/W MFA No. 2715 of 2018
MFA No. 3202 of 2018
ALL ARE R/O MIKKERE VILLAGE
MALAVALLI TQ,
MANDYA DISTRICT - 571 425.
...APPELLANTS
(BY SRI. M.Y.SREENIVASAN., ADVOCATE)
AND:
1. DIVISIONAL MANAGER
KSRTC, MANDYA DEPOT
MYSORE BENGALURU ROAD,
OPP TO KEB
MANDYA CITY - 571 401.
...RESPONDENT
(BY SMT. H.R.RENUKA., ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:18/11/2017,
PASSED IN MVC NO.1453/2016, ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC., MALAVALLI, 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 Karnataka State Road Transport Corporation
(KSRTC) as well as the claimants in MVC
`No.1453/2016 are in appeal.
2. The KSRTC has filed MFA Nos.2715/2018 and
1681/2019 challenging the liability and quantum of
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compensation awarded in MVC No.1453/2016 and the
liability to pay compensation in MVC No.1360/2017,
awarded by the Tribunal on the ground that
apportionment of 75% negligence on the driver of the
KSRTC bus is erroneous and the compensation and
interest awarded at 9% per annum is excessive.
3. The claimants in MVC No.1453/2016 are in appeal
(MFA No.3202/2018) being dissatisfied with the
quantum of compensation awarded by the Tribunal as
well as attribution of 25% contributory negligence on
the deceased rider of the motor-cycle.
4. It is not in dispute that as a result of the motor vehicle
accident which occurred on 26.09.2016, one Nagaraju
(42 year old), husband of claimant No.1 in MVC
No.1453 of 2016, died and the pillion rider--claimant
in MVC No.1360 of 2017 sustained injuries.
5. The KSRTC contends that the evidence on record
clearly indicated that the accident occurred solely due
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to the negligence of the rider of the motor-cycle. It is
argued that the motor-cycle which collided with the
bus was carrying in all four passengers and therefore,
entire negligence would have to be attributed against
the rider of the motor-cycle and the entire
apportionment of negligence should be on the motor-
cycle and its rider.
6. On the other hand, the claimants contend that the
motor-cycle was being ridden not with four adults, but
with only two adults and two children and therefore,
the negligence cannot be attributed to the rider of the
motor-cycle on this score.
7. Reliance is sought to be placed on a decision of the
Hon'ble Supreme Court in Mohammed Siddique1
wherein it has been held that mere carrying two pillion
riders would not tantamount to negligence on the part
of the rider of the motor-cycle.
Mohammed Siddique vs National Insurance Company Ltd., (2020) 3 SCC 57
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8. A perusal of the evidence adduced would make it clear
that there is no positive evidence indicating that just
because the motor-cycle was carrying two children and
an adult pillion rider, that was the reason for the
accident.
9. It is also not in dispute that the Police after
investigation have laid a charge-sheet against the
driver of the KSRTC bus. It is therefore obvious that
the negligence could only be attributed to the driver of
the KSRTC bus.
10. It is also noticed that the driver of the KSRTC bus sits
on a vantage position and would have a clear view of
the entire road and the probability of him being
surprised or not noticing an on-coming vehicle would
be remote.
11. I am therefore of the view that the finding of the
Tribunal attributing 25% negligence on the rider of the
motor-cycle cannot be sustained and the argument
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of the KSRTC that the entire negligence should be on
the part of the rider of the motor-cycle cannot also be
accepted. It is, therefore, held that the driver of the
KSRTC bus alone was responsible for the accident.
The appeals filed by KSRTC in MFA No.2715 of 2018
and MFA No.1681 of 2019 are accordingly dismissed.
IN MFA Nos.3202 of 2018: (MVC No.1453/2016):
12. As far as the compensation is concerned, the Tribunal,
on assessment of the evidence adduced before it, has
awarded the following sums as compensation:
Sl. Amount
Nature of Heads
No. (In Rs.)
1. Loss of Dependency 11,20,000/-
(Rs.80,000/- x 14)
2. Loss of love and affection 2,00,000/-
3. Transportation charges 5,000/-
4. Funeral expenses 25,000/-
Total 13,50,000/-
13. While awarding the said compensation, the Tribunal
has taken the notional income of the deceased at
Rs.10,000/- per month, since there was no proof of
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actual income and to the said income, future prospects
have also not been added.
14. The deceased was aged 42 years as on the date of
accident. In cases where there is no evidence to
determine the actual income, it is appropriate to adopt
the notional income as assessed by the Karnataka
State Legal Services Authority, which for the year
2016 would be Rs.9,500/-.
15. As per the decision of the Apex Court in the case of
National Insurance Company Limited vs. Pranay
Sethi and Others - (2017) 16 SCC 680, as the
deceased was aged about 42 years, 25% of the same
(Rs.2,375/-) is required to be added to the said income
as future prospects and the resultant income would be
Rs.11,875/-.
16. Out of the said sum, 1/3rd (Rs.3,958/-) would have to
be deducted towards personal expenses of the
deceased. The net income will be Rs.7,917/-.
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17. As the deceased was aged 42 years, as per the
decision rendered by the Hon'ble Supreme Court in the
case of Sarla Verma and others vs. Delhi
Transport Corporation and another, (2009) 6 SCC
121, a multiplier of '14' would have to be applied.
18. Consequently, the claimants would be entitled to a
sum of Rs.13,30,056/- (Rs.7,917/ - x 12 x '14') towards
"loss of dependency".
19. The claimants, being the wife and two children, would
each be entitled to a sum of Rs.48,400/- towards "loss
of consortium" i.e., in all Rs.1,45,200/- and they
would also be entitled to a sum of Rs.36,300/- under
the "conventional heads".
20. 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. 13,30,056/-
(Rs.7,917/ - x 12 x '14')
2. Loss of Consortium 1,45,200/-
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3. Conventional Heads 36,300/-
Total 15,11,556/-
21. Thus, the claimants would be entitled to a
compensation of Rs.15,11,556/- as against
Rs.13,50,000/- awarded by the Tribunal, along with
interest at the rate of six per cent per annum (as
against 9% per annum) from the date of petition till its
realization.
22. The interim compensation of Rs.15,000/- already
received by the claimants from the KSRTC shall be
deducted from the afore-said compensation.
23. In all these appeals, claimants are entitled to the
compensation awarded by the Tribunal along with
interest at the rate of six per cent per annum (as
against 9% per annum) from the date of petition till its
realization, which shall be paid by KSRTC.
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24. The apportionment, deposit and release of the
compensation amount (in both appeals) shall be made
as per the ratio adopted by the Tribunal.
25. The KSRTC is directed to deposit the entire amount of
compensation (in both appeals) awarded along with
interest within a period of eight weeks from the date of
receipt of a certified copy of this judgment.
26. The amount in deposit, if any, shall be transferred to
the Tribunal for disbursal in terms of the award.
27. The appeals by the KSRTC in MFA Nos.2715 of 2018
and 1681 of 2019 are accordingly dismissed.
28. The appeal by the claimants in MFA No.3202 of 2018 is
accordingly allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
RK
