Kerala High Court
The Managing Director vs P.D.Saseendranathan on 1 August, 2024
MACA NOS.1318 & 1829 OF 2014
1
2024:KER:61158
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
ST
THURSDAY, THE 1
DAY OF AUGUST 2024 / 10TH SRAVANA,
1946
MACA NO. 1318 OF 2014
AGAINST THE AWARD DATED 03.01.2014 IN OPMV NO.1934 OF 2010
OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM
APPELLANT/1ST RESPONDENT:
ANAGING DIRECTOR,
M
K.S.R.T.C (KARNATAKA), REPRESENTED BY DIVISIONAL
CONTROLLER, CENTRAL OFFICE, K.H.ROAD, SHANTINAGAR,
BANGALORE - 560 027.
Y ADVS.
B
SRI.SHEJI P.ABRAHAM
SRI.O.K.MURALEEDHARAN
RESPONDENTS/PETITIONERS/RESPONDENTS 2 TO 4:
1
.D.SASEENDRANATHAN,
P
AGED 56 YEARS,
S/O DAMODARAN, MARUTHY NIVAS, 22/1485 A, EDAKOCHI,
PALLURUTHY 20, PIN - 682 006.
2
.K. NATASHA,
A
AGED 55 YEARS,
W/O SASEENDRANATHAN, AGED 55 YEARS -DO-
3
.A ANAND,
P
AGED 25 YEARS,
S/O SASEENDRANATHAN, -DO-
4
. MAHENDRAN,
G
AGED 56 YEARS,
S/O GOVINDAN, SRI.PRIYA LORRY BOOKING OFFICE,
GANDHI ROAD, KRISHNAGIRI, TAMILNADU - 635 001.
MACA NOS.1318 & 1829 OF 2014
2
2024:KER:61158
5
. SUDHAKAR,
S
AGED 54 YEARS,
S/O SRINIVASALU, 17B, VELLAKUTTAI,
THIRUVANNAMALAI ROAD, KRISHNAGIRI, TAMILNADU - 635 001.
6
CICI LOMBARD GENERAL INSURANCE CO. LTD.
I
ZENITH HOUSE, KESHAVRAO KHADE MARG, MAHALAXMI,
MUMBAI - 400 034.
Y ADVS.
B
ACHU SUBHA ABRAHAM
PHILIP T.VARGHESE
LATHEESH SEBASTIAN
N.ASWATHY
K.R.MONISHA
THOMAS T.VARGHESE
HIS
T MOTOR
ACCIDENT
CLAIMS
APPEAL
HAVING
BEEN
FINALLY
HEARD
ON
01.08.2024,
ALONG
WITH MACA.1829/2014,
THE
COURT ON
THE
SAME
DAY DELIVERED THE FOLLOWING:
MACA NOS.1318 & 1829 OF 2014
3
2024:KER:61158
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
ST
THURSDAY, THE 1
DAY OF AUGUST 2024 / 10TH SRAVANA,
1946
MACA NO. 1829 OF 2014
AGAINST THE AWARD DATED 03.01.2014 IN OPMV NO.1934 OF 2010
OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM
APPELLANTS/PETITIONERS:
1
.D.SASEENDRANATHAN,
P
S/O DAMODARAN, MARUTHY NIVAS, 22/1485A, PALLURUTHY,
PO-682 006.
2
.K. NATASHA,
A
W/O SASEENDRANATHAN, MARUTHY NIVAS, 22/1485A,
PALLURUTHY, PO-682 006.
3
.S. ANAND,
P
S/O SASEENDRANATHAN, MARUTHY NIVAS, 22/1485A,
PALLURUTHY, PO-682 006.
Y ADVS.
B
SRI.PHILIP T.VARGHESE
SMT.ACHU SUBHA ABRAHAM
SRI.THOMAS T.VARGHESE
RESPONDENTS/RESPONDENTS:
1
HE MANAGING DIRECTOR,
T
KARNATAKA STATE ROAD TRANSPORT CORPORATION, CENTRAL
OFFICE, K.H.ROAD, BANGALORE - 560 027.
2
MAHENDRAN,
G
S/O GOVINDAN, SRI PRIYA LORRY BOOKING OFFICE,
GANDHI ROAD, KRISHNAGIRI, TAMILNADU - 635 011.
MACA NOS.1318 & 1829 OF 2014
4
2024:KER:61158
3
. SUDHAKAR,
S
S/O SRINIVASULU, 17B, VELLAKKUTTAI, THIRUVANANTHAPURAM
ROAD, KRISHNAGIRI, TAMILNADU - 635 001.
4
CICI LOMBARD GENERAL INSURANCE CO.LTD.,
I
ZENITH HOUSE, KESHAVRAO KHADE MARG,
MAHALAKXMI, MUMBAI - 400 034.
BY ADV.SRI.LATHEESH SEBASTIAN FOR R4
HIS
T MOTOR
ACCIDENT
CLAIMS
APPEAL
HAVING
BEEN
FINALLY
HEARD
ON
01.08.2024,
ALONG
WITH MACA.1318/2014,
THE
COURT ON
THE
SAME
DAY DELIVERED THE FOLLOWING:
MACA NOS.1318 & 1829 OF 2014
5
2024:KER:61158
J U D G M E N T
These appeals are directed against the award in
OP(MV)No.1934 of 2010 on the file of Motor Accidents claims
Tribunal, Ernakulam.
2. The appellant in MACA No.1318 of 2014 is the
Managing Director of Karnataka State Road Transport
Corporation (hereinafter referred as 'KSRTC (Karnataka)-the
owner of KA-01/F-8356 Karnataka State Transport Bus
disputingtheliabilityaswellasthequantumofcompensation,
awardedbytheTribunal.MACANo.1829of2014isfiledbythe
claimants for getting enhanced compensation.
3. On 02.08.2009, at 1.40 p.m., while deceased Anjali
was travellinginKA-01/F-8356KarnatakaStateTransportBus
from Bangalore to Chennai, due to the rash and negligent
driving of that Bus by its driver,itrammedintoalorry,which
was proceeding in front. Miss. Anjali suffered fatal injuries to
whichshesuccumbed. Shewas23yearoldEngineer,working
in Tata Elxsi Ltd., drawing monthly salary of Rs.30,208/-.Her
legal heirs approached the Tribunal,claimingcompensationof
MACA NOS.1318 & 1829 OF 2014
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Rs.25,00,000/-. But learned Tribunal awarded only
Rs.10,51,000/-
4. LearnedTribunalfoundthattheaccidentoccurreddue
to the rash and negligent driving of the KSRTC (Karnataka)
Bus bearing registration No.KA-01/F-8356, by its driver, who
also died in that accident. So the liability to compensate the
claimants were cast upon the 1st respondent-Managing
Director, KSRTC (Karnataka).
5.NowthisCourtiscalledupontoanswerwhetherthere
is any illegality, irregularity or impropriety in the impugned
award, warranting interference by this Court.
6. Heard learned counsel on both sides.
7. On analysing the facts and evidence, it could beseen
that the bus rammed into the backside of a lorry which was
proceeding in front, and so negligence whatsoever could be
attributed against the lorry driver. Learned Tribunal rightly
foundthattheaccidentoccurredduetotherashandnegligent
driving of the KSRTC Bus, by its driver and no materials are
availabletocontradictthatfinding.Sothecontentiontakenup
by the appellant in MACA No.1318 of 2014, that the accident
MACA NOS.1318 & 1829 OF 2014
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was not due to the rash and negligent driving of the KSRTC
Bus by its driver is liable to be rejected.
8. Now coming to the quantum of compensation
awarded, learned counsel for theappellantsinMACANo.1829
of2014 would contend that it is arbitrarily low but the
appellant in MACA No.1318 of 2014 would contend that the
compensation is excessive in nature.
9.LearnedcounselfortheappellantsinMACANo.1829of
2014 (claimants) would contend that the deceasedAnjaliwas
anEngineerworkinginTataElxsiLtd.,drawingmonthlysalary
of Rs.30,208/-. TheywouldrelyonExts.A5,B1,B2andX1to
prove the income of the deceased. Ext.X1, the Annual CTC
certificate issued from Tata Elxsi Ltd. will show her monthly
salary as Rs.27,118/- including Basic Pay, House Rent
Allowance, etc. etc. Ext.B2 is the Income Tax Return filed by
deceased Anjalifortheassessmentyear2009-2010(Financial
Year2008-2009).Thetotalannualincomestatedtherein,was
Rs.2,27,127/-, and after statutory deductions, she was not
liable to pay any tax. So this Court is inclined to take her
annual income as Rs.2,27,127/-. Based on the decision
MACA NOS.1318 & 1829 OF 2014
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National Insurance Company Ltd. v. Pranay Sethi and
Others, [(2017) 16 SCC 680], since she was having a
permanent job with Tata Elxsi Ltd.,asseenfromExts.A5,B1,
X1 etc., she was eligible to get 50% enhancement towards
future prospects. So her annual income could be taken as
Rs.3,40,691/-. Since she was a bachelor, 50% has to be
deducted towards personal expenses. So the balance will be
Rs.1,70,345/-. The multiplier applicable is 18. So the loss of
dependency could be assessed asRs.30,66,210/-(1,70,345x
18). After deducting Rs.8,91,000/- awarded by the Tribunal,
the balance will be Rs.21,75,210/-.
10.Towardslossofestate,learnedTribunalawardedonly
Rs.10,000/-. Based on Pranay Sethi's case cited supra, the
appellants were entitled to get Rs.15,000/-. So they will get
the balance Rs.5,000/- as enhancement under the head 'loss
of estate'.
11. Towards funeral expenses, learned Tribunal awarded
Rs.25,000/-. As per Pranay Sethi's case cited supra, the
appellants were entitled to get only Rs.15,000/-. So
Rs.10,000/- awarded in excess is liable to be deducted.
MACA NOS.1318 & 1829 OF 2014
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12. Towards loss of love and affection, learned Tribunal
awarded Rs.1,00,000/-. Based on Pranay Sethi's case cited
supra, the appellants 1 and 2 inMACANo.1829of2014,who
are the parents of the deceased, were entitled to get
Rs.40,000/- each, which will come to Rs.80,000/- in total.
Then also there is an excess amount of Rs.20,000/-,whichis
liable to be deducted.
13. ThecompensationawardedbytheTribunal,underall
other heads seems to be reasonable, and hence it needs no
modification.
Head of mount
A mount
A mounts
A Difference to be
claim awarded by awarded in deducted in drawn as
the Tribunal appeal appeal enhanced
compensation
oss of
L Rs.8,91,000/- Rs.30,66,210/- Rs.21,75,210/-
dependency
oss of
L Rs.10,000/- Rs.15,000/- Rs.5,000/-
estate
uneral
F Rs.25,000/- Rs.15,000/- Rs.10,000/-
expenses
oss of love
L
and affection Rs.1,00,000/- Rs.80,000/- Rs.20,000/-
Total Rs.30,000/- Rs.21,80,210/-
Enhanced compensation is Rs.21,50,210/-(21,80,210 - 30,000)
MACA NOS.1318 & 1829 OF 2014
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14. So the appellants in MACA No.1829 of 2014 are
entitled to get Rs.21,50,210/- as enhanced compensation.
15. The appellant in MACA No.1318 of 2014, i.e., the
ManagingDirectorofKSRTC(Karnataka)isdirectedtodeposit
Rs.21,50,210/- (Rupees Twenty One Lakh FiftyThousandTwo
Hundred and Ten only) with8%interestperannum,fromthe
date of petition till the date of deposit (excluding 90 days of
delay in filing the appeal), before the Motor Accidents Claims
Tribunal, Ernakulam, within a period of two months from the
date of receipt of a copy of this judgment. Learned Tribunal
shalldisbursethatamounttotheappellantsinMACANo.1829
of 2014,whoaretheclaimantsinOP(MV)No.1934of2010,in
the ratio 45:45:10, after deducting the liabilities, if any,
towards tax, balance court fee and legal benefit fund.
16.LearnedcounselfortheappellantinMACANo.1318of
2014, i.e., the Managing Director, KSRTC (Karnataka),
submitted that they have already paid Rs.2,50,000/- to the
claimants and more over Rs.5,00,000/- was deposited before
the Tribunal, which was also received by the claimants. The
amount if any paid shall beadjustedfromtheawardamount,
MACA NOS.1318 & 1829 OF 2014
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andonlythebalanceneedbedepositedwithinterestandcost
as ordered by the Tribunal. That balance amount also has to
be deposited before the Tribunal within two months from the
date of receipt of a copy of this judgment, and learned
Tribunal shall disburse that amount to the appellants in the
ratio as ordered by the Tribunal.
The appeals are allowed to the extent as above, and no
order is made as to costs.
Sd/-
SOPHY THOMAS
JUDGE
DSV/-
