Karnataka High Court
Ghaleppa And Anr vs The Telangana State Road Transport on 3 February, 2025
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NC: 2025:KHC-K:771
MFA No. 200856 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE C M JOSHI
MISC. FIRST APPEAL NO.200856 OF 2023 (MV-D)
BETWEEN:
1. GHALEPPA S/O NARASAPPA,
AGE: 67 YEARS, OCC: LABOUR,
R/O: GUNALLI, TQ. AND DIST. BIDAR-584 101.
2. SMT. SARASWATHI W/O GHALEPPA,
AGE: 53 YEARS, OCC: HOUSEHOLD,
R/O: VILLAGE GUNALLI,
TQ. AND DIST. BIDAR-584 101.
...APPELLANTS
(BY SRI. BASAVARAJ R. MATH, ADVOCATE)
AND:
THE TELANGANA STATE ROAD TRANSPORT
CORPORATION LTD., HYDERABAD,
REPRESENTED BY DEPOT MANAGER,
TELANGANA STATE ROAD TRANSPORT
CORPORATION, SANGAREDDY DEPOT,
Digitally
SANGAREDDY, DIST. SANGAREDDY-502 001 (T.S.).
signed by
LUCYGRACE
LUCYGRACE Date:
...RESPONDENT
2025.02.03
17:26:53 -
0800 (BY SRI. S.V. DESHMUKH, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173 (1) OF THE
MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE AWARD
AMOUNT BY MODIFYING THE IMPUGNED JUDGMENT AND
AWARD DATED 31.05.2022 PASSED BY THE ADDL. SENIOR
CIVIL JUDGE AND JMFC, BIDAR AND MACT, BIDAR IN
MVC.NO.342/2021 AND ETC.,
THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 29.01.2025 AND COMING ON FOR
'PRONOUNCEMENT OF JUDGMENT', THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
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MFA No. 200856 of 2023
CORAM: HON'BLE MR. JUSTICE C M JOSHI
CAV JUDGMENT
(PER: HON'BLE MR. JUSTICE C M JOSHI)
Being aggrieved by the judgment and award in
MVC.No.342/2021 by the Addl. Senior Civil Judge and
JMFC, Bidar and MACT, at Bidar dated 31.05.2022, the
petitioners are before this Court in appeal seeking
enhancement of the compensation.
02. The petitioners are the father and mother of the
deceased - Sanjeevkumar. On 02.01.2020 at about 06.30
a.m. the deceased - Sanjeevkumar and his coworker
Vijayakumar, were returning from their work at Mahindra
and Mahindra Company, Mungi Unit, on their Motorcycle
bearing No.KA-38-S-2901; the Bus owned by the
respondent bearing AP-29-Z-3462, came in negligent
manner and dashed against the motorcycle. As a result,
the deceased - Sanjeevkumar, who was pillion rider died
at the spot. The rider also succumbed to the injuries later.
A case came to be registered by jurisdictional police and
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ultimately, a charge-sheet was filed against the Bus driver.
The petitioners who are the parents of the deceased -
Sanjeevkumar, have approached the Tribunal seeking just
compensation. It was stated that the deceased -
Sanjeevkumar was a bright student has completed his
diploma and working as Apprentice Trainee and earning
around Rs.15,000/- per month.
03. The respondent APSRTC appeared through its
counsel and denied the petition averments. It was
contended that the accident was due to the negligence of
the rider of the motorcycle Vijayakumar and they were
returning after the night duty and as such they were
drowsy. They have also contended that there is
contributory negligence, as such the same needs to be
determined.
04. The Tribunal framed appropriate issues. The
petitioner No.1 was examined as PW.1, another witness
was examined as PW.2 and Ex.P.1 to 19 were marked in
evidence. No evidence was led on behalf of the
respondent.
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05. The Tribunal after hearing the arguments,
awarded a compensation of Rs.17,92,544/- under the
following heads:-
Sl. Heads Compensation
Awarded
No.
1. Towards loss of dependency Rs.16,97,544/-
2. Towards loss of Filial consortium Rs.80,000/-
Towards transportation of dead
3. body, funeral and obsequies Rs.15,000/-
ceremony expenses
Total Rs.17,92,544/-
06. Being aggrieved by the quantum of the
compensation, the petitioners are before this Court in
appeal.
07. The learned counsel appearing for the
petitioners submits that the Tribunal has considered the
income of the deceased - Sanjeevkumar at Rs.11,227/-
per month, but in fact, the Ex.P.15 showed a stipend of
Rs.11,986/- per month. He submits that if the stipend
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earned by the deceased - Sanjeevkumar, during his
apprenticeding is Rs.11,986/-, evidently, after completion
of the training he would easily earn Rs.40,000/- per
month. He being aged about 24 years, had bright
prospects and the certificates produced by the petitioners
were not at all considered by the Tribunal. Therefore, he
contends that the income of the deceased -
Sanjeevkumar has to be assessed properly by this Court.
08. Per contra, the learned counsel appearing for
the respondent would submit that the deceased -
Sanjeevkumar was only a trainee and the earning as on
the date of the accident, has been considered by the
Tribunal and appropriate compensation has been
assessed. He submits that there is no necessity of any
enhancement.
09. The fact that there was an accident involving
the Bus owned by respondent - Corporation and the
motorcycle on which the deceased - Sanjeevkumar was
pillion rider is not in dispute. Evidently, the deceased -
Sanjeevkumar had no role to play in contributing any
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negligence. Therefore, the contention of the respondent
that there was contributory negligence has been rightly
rejected by the Tribunal. The SSLC certificate produced at
Ex.P.9 would show the date of birth of the deceased -
Sanjeevkumar as 12.01.1995. The accident having
occurred on 02.01.2020, the deceased - Sanjeevkumar
was aged 24 years 11 months. Therefore, the Tribunal
adopting the multiplier of 18 cannot be faulted with.
10. The testimony of the PW.2 - Mallikarjun shows
that he is a supervisor in Yashwantrao Technical and
Training Foundation. Through, the said Foundation, the
deceased - Sanjeevkumar was deputed to Mahindra CIE
as an apprentice trainee under the National Employability
Enhancement Mission. He states that the deceased -
Sanjeevkumar was getting stipend of Rs.11,986/- per
month. The Ex.P.15 is the stipend slip for the month of
December - 2019. It shows a total emolument of
Rs.11,986/- and a deduction of Rs.759/- towards canteen
charges. Therefore, evidently, the Tribunal erred in taking
the income at Rs.11,227/- per month.
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11. The Ex.P.8 to 14 and Ex.P.16 to 19 would show
that the deceased - Sanjeevkumar had completed
Diploma in Computer Science and Engineering in first
class. The marks card at Ex.P.10 shows the same. Apart
from this, he had acquired certain other qualification in the
field of science as may be found from Exs.P.11, 12, 14 and
16. He had also participated in several science events,
which depict his keen interest and the pursuit for acquiring
better skills. The provisional National Trade Certificate at
Ex.P.19 in the field of Electrician is also an indication of
the same.
12. It is worth to note that there are no yardsticks
to assess a probable income of a young, budding and
skilled enthusiast. An effort should have been made by the
Tribunal to assess the probable income of the deceased -
Sanjeevkumar, after he completes his training as a
apprentice in Mahindra and Mahindra. PW.2 in his
testimony has stated that the deceased - Sanjeevkumar
would have earned about 03 to 04 lakhs per annum, after
his successful training. He being the supervisor in
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Yashwantrao Technical and Training Foundation, located
at Pune, has thrown some light on the future prospectus of
the deceased - Sanjeevkumar. In the cross-examination,
except suggesting that the deceased - Sanjeevkumar was
not earning Rs.11,986/-, nothing is elicited about the
future prospects stated by him in his affidavit.
13. Considering the testimonials of the deceased -
Sanjeevkumar and the testimony of the PW.2, it is evident
that the deceased - Sanjeevkumar would have earned a
wages of Rs.25,000/- to Rs.33,000/- per month,
depending upon his skills. Looking to the testimonials and
the enthusiasm of the deceased - Sanjeevkumar, it can be
safely said that his initial appointment would have fetched
an earning of Rs.27,000/- per month, even when assessed
with moderate expectations.
14. Therefore, the loss of dependency has to be
calculated by adding 40% of Rs.27,000/- towards future
prospects. Hence, (Rs.27,000/- + Rs.10,800/-) x 12 x 18
x 50% = Rs.40,82,400/-, by deducting 50% towards his
personal expenses.
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15. In addition to the above compensation, the
petitioners are entitled for compensation of Rs.52,000/-
towards loss of love and affection, Rs,19,500/-
towards funeral expenses and Rs.19,500/- towards
loss of estate, as held by the Hon'ble Supreme Court in
the case of National Insurance Company Limited vs.
Pranay Sethi1. The compensation being determined after
09 years of the said judgment, 10% for each of the 03
years period has to be added. Therefore, the petitioners
are entitled for compensation as below:-
Sl. Heads Compensation Awarded
by this Court
No.
1. Loss of dependency Rs.40,82,400/-
2. Love and affection Rs.52,000/-
3. Funeral expenses Rs.19,500/-
4. Loss of Estate Rs.19,500/-
Total Rs.41,73,400/-
Less: Awarded by the Rs.17,92,544/-
Tribunal
Total enhancement Rs.23,80,856/-
(2017) 16 SCC 680
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16. For the aforesaid reasons, the appeal deserves
to be allowed and the following order is passed;-
ORDER
I. The appeal is allowed in part.
II. The appellant is entitled for a sum of Rs.23,80,856/-
in addition to what has been awarded by the Tribunal
along with interest at the rate of 6% p.a. from date
of petition till the date of deposit.
III. Rest of the order passed by the Tribunal regarding
deposit etc., remain unaltered.
Sd/-
(C M JOSHI)
JUDGE
KJJ
CT: AK
