Partly allowed

The Managing Director v. Sri Basavaiah

Karnataka HC1 Jun 2015MFA/613/2014

Case brief

AI extract

What is this about?

The High Court allowed the insurer''s first appeal to modify the compensation quantum awarded for a motor vehicle accident, adjusting the loss of dependency multiplier, loss of love and affection, and funeral expenses, resulting in a reduced award of Rs. 9,76,000.

What did the court decide?

The claimants are entitled to Rs. 9,76,000 with interest at 8% p.a. from the date of the petition till payment.

The Managing Director Vs Sri Basavaiah — Motor Accident Claims | Karnataka HC (2015)

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MFA No��

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF JUNE, 2015

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BEFORE

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THE HON’BLE MR. JUSTICE A.S.PACHHAPURE

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MISCELLANEOUS FIRST APPEAL No.613 OF 2014(MV)

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BETWEEN

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THE MANAGING DIRECTOR KARNATAKA STATE ROAD TRANSPORT CORPORATION, CENTRAL DIVISION K H ROAD, SHANTHI NAGAR BANGALORE REPRESENTED CHIEF LAW OFFICER KSRTC, BANGALORE

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... APPELLANT

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(BY SMT: VEENA V, ADV FOR

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SRI: V Y KUMAR & ASSTS, ADVS)

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AND

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1 SRI BASAVAIAH S/O LATE CHANNABASAVAIAH AGED ABOUT 61 YEARS

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2 SIDDAGANGAMMA W/O BASAVAIAH AGED ABOUT 51 YEARS

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3 SHIVANANDA H B S/O BASAVAIAH AGED ABOUT 24 YEARS

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MFA No��

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��

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ALL ARE RESIDING AT HARIYAPPANAHALLI VILLAGE KORA POST, KORA HOBLI TUMKUR – 572 128.

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... RESPONDENTS

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(BY SRI: KALYAN R, ADV FOR R1 & R2, R3 SERVED AND UNREPRESENTED)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.08.2013 PASSED IN MVC NO.6897/2012 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE AND MACT, BANGALORE, (SCCH NO.18), AWARDING A COMPENSATION OF RS.10,93,000/- WITH INTEREST @ 8% P.A. FROM THE DATE OF PETITION TILL REALISATION.

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THIS MFA COMING ON FOR ADMISSION, THIS DAY THE COURT DELIVERED THE FOLLOWING:

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J U D G M E N T

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The insurer has challenged the quantum of

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compensation and also the finding on negligence in respect of the accident that occurred on 26.09.2012.

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The facts reveal that Manjunath (deceased) was a pillion rider on the motor cycle bearing registration No.KA-50-K-5504 and

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MFA No��

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he met with an accident said to be due to the rash and negligent driving of KSRTC bus bearing registration No.KA-06-F-524. His legal representatives i.e., the parents and brother made a claim for compensation and after recording the evidence, the Tribunal held that the accident was solely due to the negligence of the driver of KSRTC bus and assessing the income at Rs.9,000/- per month, granted a sum of Rs.10,53,000/towards loss of dependency, Rs.20,000/- towards loss of love and affection, Rs.10,000/towards loss to estate and Rs.10,000/- towards funeral expenses, a total sum of Rs.10,93,000/- was granted with interest at 8% p.a. Dissatisfied with the sum awarded and holding that the negligence was solely due to the rash driving of KSRTC bus, the appeal is filed by the insurer.

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Heard the learned Counsel for both

the parties.

MFA No��

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Learned Counsel for the appellant

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submits that the accident was due to the negligence of Manjunath (deceased) and it is further submitted that the assessment of income at Rs.9,000/- per month is on the higher side.

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On the other hand, learned Counsel

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for the respondent supports the judgment and award.

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Perusal of the judgment and award and

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the records reveal that Ex.P1 is the first information report filed as against the driver of KSRTC bus. Ex.P2 is the spot mahazar, Ex.P3

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is the sketch, Ex.P4 is the motor vehicle report. Though the driver of the bus is examined as RW1, it is for the first time in this proceeding that such a contention was raised by the appellant attributing negligence on the part of rider of motor cycle. If there was any negligence on the part of rider, there was no difficulty for the driver of KSRTC bus to

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MFA No��

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lodge a complaint of rash and negligence driving.

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Perusal of the sketch (Ex.P3) would

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reveal that the road runs from North to South and the rider entered high way from eastern side. It is only when he was proceeding towards Bengaluru, that the accident in question occurred. At the time of accident, the bus was said to be in a high speed and the driver was said to be negligent. It is on the basis of contents of mahazar, the sketch and the first information report, that the Tribunal has held that there was negligence on the part of driver of KSRTC bus. Looking to the material placed on record, I do not find any grounds to differ with the finding of Tribunal on this aspect.

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So far as the income is concerned,

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the deceased was employed in a meat shop. He was paid Rs.9,000/- as salary. The respondents have produced the salary certificate and also

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MFA No��

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examined the person authorized by the owner of meat shop. The other documents also reveal that the deceased was employed in the meat shop at Bengaluru. The city being metropolitan city, the expenses and the income would be more in such cities. It is in this context, the Tribunal has accepted the income of deceased at Rs.9,000/- per month. In this appeal, I do not find any grounds to differ with the finding.

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So far as the applicability of

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multiplier is concerned, the Tribunal has considered the age of the youngest i.e., the mother as 50 years. The claimants have produced Aadhar Card of the parents at Ex.P8. Perusal of the particulars of Aadhar card reveal that the mother is said to have born in the year 1958. Considering her age as on the date of accident as 54 years, the multiplier applicable is ‘11’, so in the circumstances, the loss of dependency assessed at Rs.10,53,000/- has to be reduced to

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MFA No��

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��

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Rs.8,91,000/-, the difference being

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Rs.1,62,000/-.

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Anyhow, the Tribunal has considered

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the loss towards love and affection at Rs.10,000/- each. The appellants having lost their son, I think it is just and proper to grant an additional sum of Rs.30,000/- towards loss of love and affection. Rs.10,000/- awarded

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under the head funeral expenses has to be enhanced to Rs.25,000/-. So the additional compensation payable on the heads of loss of love and affection, funeral expenses would be Rs.45,000/-. If the sum of Rs.1,62,000/- is deducted from Rs.45,000/-, the compensation awarded by the Tribunal is in excess by Rs.1,17,000/-. To this extent, the judgment and award of the Tribunal has to be modified.

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Hence, the appeal is allowed in part.

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The judgment and award is modified. The claimants are entitled to Rs.9,76,000/- with

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MFA No��

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interest @ 8% p.a. from the date of petition till its payment.

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The amount in deposit be transmitted to the

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Tribunal.

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Sd/JUDGE

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*bgn/-

The Managing Director v. Sri Basavaiah

Case brief

What is this about?

What did the court decide?

The Managing Director v. Sri Basavaiah

Case brief

What is this about?

What did the court decide?

What the court decided

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