Karnataka High Court
Smt. G. M. Shivaleela W/O Late ... vs Mustafa M. D.S/O. Mohammed Khasim Sab on 5 September, 2024
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
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MFA No. 101780 of 2021
C/W MFA No. 101280 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO.101780 OF 2021 (MV-D) C/W
MISCELLANEOUS FIRST APPEAL NO.101280 OF 2021(MV-)
IN MFA NO.101780/2021:
BETWEEN:
1. SMT. G. M. SHIVALEELA
W/O LATE H.M.VEERESHAIAH SWAMY
AGE. 44 YERAS, OCC. HOUSE WIFE,
2. G.M. RASHMI,
D/O LATE H.M.VEERESHAIAH SWAMY
AGE. 20YERAS, OCC. STUDENT,
3. G.M. PALLAVI
D/O LATE H.M.VEERESHAIAH SWAMY
Digitally
signed by AGE.18 YERAS, OCC. STUDENT,
JAGADISH T R
Location: High
Court of
Karnataka, 4. MINOR G.M.RAMYA
Dharwad
Bench D/O LATE H.M. VEERESHAIAH
OCC: STUDENT,
ALL ARE R/O. W.NO.1, SIRUGUPPA, ROAD,
NEAR SIDDARUDHA TEMPLE,
BYLURU VILLAGE, KURUGODU(TQ) BALLARI(DIST)
PIN CODE.583 121.
APPELLANT NO.4 IS THE MINOR
R/BY HER NATURAL MOTHER APPELLANT NO.1.
...APPELLANTS
(BY SRI. T. BASAVANAGOUD, ADVOCATE)
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MFA No. 101780 of 2021
C/W MFA No. 101280 of 2021
AND:
1. MUSTAFA M.D. S/O. MOHAMMED KHASIM SAB
AGE. 61 YEARS, OCC. DRIVER OF THE KSRTC BUS,
BEARING REG.KA-36/F-1418,
R/O. H. NO.12-6-1237/202,
TAYAMMA TEMPLE, LBS NAGAR,
RR STATION, RAICHUR, PIN CODE. 584 101.
2. THE DIVISIONAL CONTROLLER,
OWNER OF NEKSRTC, RAICHUR DIVISION,
RAICHUR,PIN. 584 101.
...RESPONDENTS
(BY SRI. S.C. BHUTI, ADVOCATE FOR R2,
R1-SERVED)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 01.03.2021 PASSED
IN MVC NO.276/2019 ON THE FILE OF THE MOTOR ACCIDENT
CLAIMS TRIBUNAL-XII, BALLARI, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
IN MFA NO.101280 OF 2021:
BETWEEN:
THE DIVISIONAL CONTROLLER
OWNER OF NEKSRTC,
RAICHUR DIVISION, RAICHUR,
REPRESENTED BY CHIEF LAW OFFICER,
NEKRTC, CENTRAL OFFICE, KALABURAGI.
...APPELLANT
(BY SRI. S.C. BHUTI, ADVOCATE)
AND:
1. SMT. G. M. SHIVALEELA
WIFE OF LATE H.M.VEERESHAIAH SWAMY
44 YERAS, HOUSEWIFE,
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MFA No. 101780 of 2021
C/W MFA No. 101280 of 2021
2. G.M. RASHMI,
DAUGHTER OF LATE H.M.VEERESHAIAH SWAMY
20 YERAS, STUDENT,
3. MINOR G.M. PALLAVI
DAUGHTER OF LATE H.M.VEERESHAIAH SWAMY
17 YERAS, STUDENT,
4. MINOR G.M.RAMYA
DAUGHTER OF LATE H.M. VEERESHAIAH
15 YEARS, STUDENT,
ALL ARE R/O. W.NO.1, SIRUGUPPA, ROAD,
NEAR SIDDARUDA TEMPLE,
BYLURU VILLAGE, KURUGODU(TQ)
BALLARI(DIST)
PIN CODE.583 120.
RESPONDENTS NO.3 AND 4 ARE SINCE MINORS
R/BY THEIR NATURAL GUARDIAN MOTHER
RESPONDENT NO.1.
5. MUSTAFA M.D.
S/O. MOHAMMED KHASIM SAB
AGE. 61 YEARS, OCC. DRIVER OF THE
KSRTC BUS BEARING REG. KA-36/F-1418,
R/O. H. NO.12-6-1237/202,
THAYAMMA TEMPLE, LBS NAGAR,
RR STATION,
RAICHUR-584 101.
...RESPONDENTS
(BY SRI. T. BASAVANAGOUD, ADVOCATE FOR R1 TO R4)
(R5-SERVED)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 01.03.2021
PASSED IN MVC NO.276/2019 ON THE FILE OF THE MOTOR
ACCIDENT CLAIMS TRIBUNAL-II, BALLARI AWARDING
COMPENSATION OF RS.16,56,500/- WITH INTEREST AT 7% P.A.
FROM THE DATE OF PETITION TILL ITS DEPOSIT.
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MFA No. 101780 of 2021
C/W MFA No. 101280 of 2021
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)
Though these appeals are listed for 'Admission', with the
consent of the learned counsel for the parties, the same are
taken up for final disposal.
2. These appeals are filed against the judgment and
award, dated 01.03.2021, passed in M.V.C. No.276/2019 by
Member, Motor Accident Claims Tribunal-XII, Ballari, (for short,
'Tribunal'). MFA No.101280/2021 is filed by the North-Eastern
Karnataka State Road Transport Corporation (for short, 'the
Corporation') challenging saddling of entire liability to pay
compensation. MFA No.101780/2021 is filed by the claimants
seeking enhancement of the compensation awarded by the
Tribunal not being satisfied with the same.
3. Sri. S.C.Bhuti, learned counsel for the appellant-
Corporation submits that the Tribunal committed a grave error
in saddling the entire liability on the Corporation without
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appreciating the fact that the deceased rider of the motorcycle
took sudden right turn on the road, thereby contributing
negligence to the occurrence of the accident, which aspect is
clearly deposed by R.W.1-driver of the bus and hence, learned
counsel seeks to shift some portion of the liability on the
deceased. Insofar as the quantum of compensation is
concerned, learned counsel submits that the compensation
awarded by the Tribunal towards 'loss of dependency' and
towards conventional heads is just and proper and the same
requires no interference. He further submits that the Tribunal
committed an error in awarding interest payable on the
compensation at the rate of 7% and prays that the same be
reduced to 6%. Thus, he prays for allowing the appeal filed by
the Corporation.
4. On the other hand, Sri. T.Basavanagouda, learned
counsel for appellants/claimants supports the impugned
judgement and award of the Tribunal with regard to saddling of
liability on the Corporation, and submits that the charge is filed
by the police only against the driver of the bus and there is no
evidence with regard to the negligence. However, with regard
to quantum of compensation, he submits that the Tribunal has
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committed an error in assessing the income of the deceased at
Rs.10,000/- per month, and prays that, considering the year of
accident, the notional income of the deceased be assessed at
Rs.11,750/- per month as per the Notional Income Chart
prepared by the Karnataka State Legal Services Authority.
Thus, he prays for allowing the appeal filed by the claimants
and dismissing the appeal of the Corporation.
5. We have heard the learned counsel for the
claimants, and the learned counsel for the Corporation. Perused
the material on record including the records of the Tribunal.
6. It is not in dispute that in the road traffic accident
that took place on 20.12.2018, one H.M.Veereshaiah Swamy -
the husband of claimant No.1 and father of claimants No.2 to 4
- sustained grievous injuries and succumbed to the same
during the course of treatment at VIMS Hospital, Ballari. On
receipt of the complaint, the police registered a crime and
conducted an investigation. On completion of the investigation,
the police filed charge sheet against the driver of the bus
holding him negligent for the cause of the accident in question.
The driver of the bus in question has been examined as R.W.1
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before the Tribunal. The driver, in his evidence, has deposed
about the occurrence of the accident and with regard to
negligence of the deceased in riding the motorcycle. He has
clearly stated that the deceased, who was riding the
motorcycle, applied brake and moved abruptly, taking the right
turn without giving any indication. This witness has been cross-
examined at length, but nothing is elicited from him.
Considering this aspect of the matter, we are of the considered
view that though the charge sheet is filed only against the
driver of the bus, we hold that the deceased also contributed to
the occurrence of the accident to the extent of 10%. In view of
the same, we modify the finding of the Tribunal with regard to
the saddling of liability holding that the driver of the bus has
contributed to the accident to the extent of 90% and the
Corporation is liable to pay compensation accordingly.
7. Insofar as the quantum of compensation is
concerned, the claimants have not produced any
document/evidence to prove avocation and income of the
deceased and, in the absence of the same, placing reliance on
the Notional Income Chart prepared by the Karnataka State
Legal Services Authority, we reassess the notional income of
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the deceased at Rs.11,750/- per month. There is no dispute
with regard to the multiplier adopted and the deduction of 1/4th
made by the Tribunal towards personal and living expenses of
the deceased. We have also noted that the Tribunal has also
added 25% of the assessed income towards loss of future
prospects of the deceased. Since the income is reassessed at
Rs.11,750/- per month, the claimants would be entitled to a
sum of Rs.17,18,437/- [Rs.11,750 + 25% x 12 x 13 x 3/4] as
against Rs.14,62,500/- awarded by the Tribunal towards loss of
dependency.
8. The compensation awarded by the Tribunal under
conventional heads is just and proper and the same needs no
interference.
9. On re-assessment, the claimants are entitled to
compensation as under:
Amount
(in Rs.)
Loss of dependency 17,18,437/-
Funeral expenses 16,500/-
Loss of estate 16,500/-
Loss of spousal consortium to claimant No.1 44,000/-
Loss of parental consortium of claimants No.2 to 4 1,32,000/-
Total 19,27,437/-
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Since we have held that deceased also contributed to the
accident to the extent of 10%, the claimants will be entitled to
a sum of Rs.17,34,694/- (Rs.19,27,437 x 90%) as against
Rs.16,71,500/- awarded by the Tribunal.
10. The Tribunal has awarded interest at the rate of 7%
per annum. However, considering the present Bank interest
rate on deposits, we reduce the rate of interest from 7% to
6%.
11. In the result, we proceed to pass the following:
ORDER
a) Both the appeals are allowed in part.
b) The impugned judgment and award of the Tribunal is
modified to the extent that the claimants are entitled
to of Rs.17,34,694/- as against Rs.16,71,500/-
awarded by the Tribunal. The entire compensation
shall carry interest at the rate of 6% per annum
from the date of petition till the date of payment.
c) The appellant-Corporation shall deposit the enhanced
compensation amount with accrued interest before
the Tribunal within a period of eight weeks from
today.
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d) On deposit of the said amount, the same shall be
released in favour of claimant NO.1.
Draw modified award accordingly.
Registry to transmit the amount in deposit and the
records to the Tribunal forthwith.
Sd/-
(KRISHNA S.DIXIT)
JUDGE
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
KMS
