Partly allowed

Thippeshappa v. the Managing Director

Karnataka HC7 Nov 2022MFA/1192/2018

Case brief

AI extract

What is this about?

This appeal challenged the quantum of compensation awarded for a fatal road traffic accident. The High Court accepted the appellants' claim to enhance compensation based on prevailing Supreme Court precedents regarding future prospects. The court set the quantum at Rs.15,95,000, applied the 50% liability ratio due to contributory negligence, and reduced the interest rate.

What did the court decide?

The appeal was allowed in part; compensation enhanced to Rs.7,82,500 (50% of Rs.15,95,000 net of interim relief) with interest at 6% p.a.

Thippeshappa Vs the Managing Director — Motor Accident Claims | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 07^TH DAY OF NOVEMBER, 2022

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BEFORE

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THE HON’BLE MR.JUSTICE HANCHATE SANJEEVKUMAR

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M.F.A.No.1192 OF 2018 (MV-D)

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BETWEEN:

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THIPPESHA, 51 YEARS, S/O. PUTTACHAR, COOLIE

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JAYAMMA, 42 YEARS W/O. THIPPESHA, COOLIE

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MANOHARA T.P., 23 YEARS S/O. THIPPESHA, COOLIE

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ALL ARE R/O. PADMENAHALLI VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT-577201.

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… APPELLANTS

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(BY SRI. VISHWANATHA POOJARY K., ADVOCATE)

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AND:

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THE MANAGING DIRECTOR, KARNATAKA STATE ROAD TRANSPORT CORPORATION, KADUR DEPOT, CHICKAMANGALORE CHIKKAMANGALORE DISTRICT-577 546.

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Y.N. SURESH, S/O. Y.T. NAGARAJ, 37 YEARS, KSRTC BUS DRIVER, KADUR DEPOT, CHIKKAMANGALORE DISTRICT AND PERMANENT R/O.

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YAGATI VILLAGE, KADUR TALUK CHIKKAMANGALORE DISTRICT-577 546.

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… RESPONDENTS

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(BY SRI. K. NAGARAJA, ADV. FOR R1, NOTICE TO R2 DISPENSED WITH VIDE ORDER DATED 02.01.2019)

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THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 17.10.2017 PASSED IN MVC NO.541/2016 ON THE FILE OF PRL. SENIOR CIVIL JUDGE & ADDITIONAL MACT-VI, SHIVAMOGGA, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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JUDGMENT

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This appeal is filed by the claimants under Section 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'MV Act' for short), challenging the judgment and award passed in MVC No.541/2016 dated 17.10.2017, on the file of the Prl. Senior Civil Judge and Additional MACT-VI, Shivamogga, for seeking enhancement of compensation.

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Being aggrieved by insufficiency of compensation awarded by the Tribunal, the appellants/claimants have filed the present appeal, seeking enhancement of compensation.

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The brief facts of the case are as under:

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On 10.02.2016 at about 9.45 p.m., deceased Manjunatha was traveling in his motor cycle bearing Registration No.KA-14-EG-1624 and when he reached Milk Diary Gate, Machenahalli, Shivamogga Taluk, while crossing the road, the driver of KSRTC bus bearing registration No.KA-18-F-804 driven the said bus in a rash and negligent manner at high speed and dashed against the motor cycle of the deceased Manjunatha. On account of the said accident, Manjunatha succumbed to the injuries at the spot. The claimants being the parents and brother of the deceased have filed the claim petition, seeking compensation, on account of the death of Manjunatha, in a road traffic accident.

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The Tribunal after appreciation of oral and documentary evidence on record, has awarded a compensation of Rs.13,86,000/- under different heads, with interest at 9% per annum, from the date of petition till the date of realization.

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The Tribunal has held that the deceased had

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contributed negligence of 50% on his part and therefore, it is held that the deceased died in a road traffic accident

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on account of negligence on his part as well as rash and negligent driving of the driver of the KSRTC bus. However, the Tribunal has awarded a compensation of Rs.6,80,500/-. The Tribunal has come to the conclusion that since the deceased contributed negligence of 50% on his part, the claimants are entitled for the compensation of 50% out of the compensation determined by the Tribunal.

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CONTRIBUTORY NEGLIGENCE:

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Upon considering the rash and negligence on the part of the driver of KSRTC bus and the deceased, appreciating the evidence on record, FIR, complaint charge sheet, spot mahazar etc., it is proved that the accident was caused on the national highway. The bus was coming from Bhadravathi to Shivamogga. The deceased was crossing the road from North to South and crossed half of the road at National Highway (the national highway from Bhadravathi to Shivamogga road), in the middle of the said road, the accident was occurred.

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The National Highway is primarily meant for vehicles for plying. Crossing the road etc., by the pedestrians is secondary. Since the road is a National Highway, the vehicles are moving faster. When the deceased was crossing the road and crossed almost half of the road, the driver of the KSRTC bus came in a high

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speed and dashed against the deceased and caused the accident. However, when crossing the road, the deceased should have taken little care and caution and applied his mind to halt and proceed. Then, the accident might have been avoided. While moving on the national highway, the vehicles will be moving faster. The deceased was in the middle of the road and in this process, the accident was occurred. Therefore, the deceased has also contributed 50% negligence on his part to the accident.

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The Tribunal held that the deceased had

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contributed 50% negligence and considering the overall facts, circumstances and evidence on record, as observed above, the Tribunal is correct in holding that the deceased contributed 50% negligence on his part to the accident. Therefore, apportionment of negligence to the ratio of 50% : 50% is found to be correct. Hence, need not be interfered in this regard.

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QUANTUM:

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9. The Tribunal has awarded compensation of

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Rs.13,86,000/- under various heads, as follows :

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SL.NO.	PARTICULARS	AMOUNT
01	Loss of dependency	Rs.13,26,000-00
02	Loss of love and affection	Rs.25,000-00
03	Funeral Expenses	Rs.25,000-00
04	Loss of estate	Rs.10,000-00
	Total compensation	Rs.13,86,000-00

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It is stated that the deceased was aged about 27 years, working as a Moulder in Vasavi Texco Costing Private Limited and Tribunal has assessed the notional income of the deceased at Rs.10,000/- per month and added 30% of income towards 'loss of future prospects in life' i.e., Rs.10,000+Rs.3,000/-, which comes to Rs.13,000/- per month, in the absence of any proof of income and deducted 50% of his income towards personal expenditure, which is found to be just and proper.

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The deceased was working in a Construction

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Company. The Tribunal had added 30% of his income

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towards future prospects, as per the Judgment of the Honlbe Apex Court in the case of Smt. Savitha vs. Bindar Singh and others in Civil Appeal No.4001/2014 . The accident is of the year 2016. Considering the age, avocation and year of accident, the percentage of future prospects has to be considered at 40% as per the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Limited vs. Pranay Sethi and others reported in (2017) 16 SCC 680 2700 . Since the deceased was a bachelor, 50% of his income has to be deducted towards his personal expenditure. The deceased was aged about 27 years at the time of the accident. The appropriate multiplier applicable to his age group is '17'. Therefore, the 'Loss of Dependency' would be calculated as under: Rs.10,000+Rs.4000(Rs.14,000 x 50% = Rs.7,000/-) Rs.7,000x12x17 = Rs.14,28,000/-. The same is awarded under the head 'Loss of dependency' .

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The Tribunal has awarded a sum of

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Rs.25,000/- towards 'loss of love and affection' which

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is on the lesser side. The loss of consortium and loss of love and affection are more or less the similar ones. The claimants are the father, mother and the brother. Accordingly, a sum of Rs.44,000/- (10% of escalation is made) each i.e., Rs.1,32,000/- (Rs.44,000/-x3 persons) is awarded under the head 'loss of consortium' as per the judgment of the Hon'ble Apex Court in Magma General Insurance Company Limited vs. Nanu Ram and others reported in 2018 ACJ 2782. The compensation awarded under other heads are just and proper and hence not disturbed.

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Thus, in all, the claimants are entitled for the total compensation of Rs.15,95,000/- as against Rs.13,86,000/- awarded by the Tribunal. The break-up is as under:

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SL.NO.	PARTICULARS	AMOUNT
01	Loss of dependency	Rs.14,28,000-00
02	Loss of consortium	Rs.1,32,000-00
03	Funeral Expenses	Rs.25,000-00
04	Loss of estate	Rs.10,000-00
	Total compensation	Rs.15,95,000-00

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Since the contributory negligence at the ratio of

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50:50 is accepted between the parties, the apportionment held by the Tribunal is undisturbed. The claimants are entitled for 50% out of the compensation determined above. A sum of Rs.15,000/- has to be deducted from the said amount as the claimants have received a sum of Rs.15,000/- from the respondents as an interim relief.

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The Tribunal has granted interest at the rate of 9% per annum and the same is scaled down to 6% per annum. Therefore, the above determined compensation shall carry interest at 6% p.a. from the date of petition till the date of realization.

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Accordingly, I proceed to pass the following :

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ORDER

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i. The miscellaneous first appeal is allowed in part.

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ii. The judgment and award passed in MVC No.541/2016 dated 17.10.2017 by the Prl. Senior Civil Judge and Additional MACT-IV, Shivamogga, is hereby modified.

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iii. The appellants/claimants are entitled for total compensation of Rs.7,82,500 /- (50% of Rs.15,95,000=Rs.7,97,500/-minus Rs.15,000/(interim relief) along with interest at the rate of 6% per annum from the date of petition till the date of realization.

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