Partly allowed

The Managing Director v. Smt Shashi

Karnataka HC23 Sept 2023MFA/2527/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the appeal in part, setting aside the Tribunal's award of Rs.6,12,000. The Court computed the compensation strictly under the Motor Vehicles Act formula, awarding Rs.4,69,500 to the deceased's legal heir after deducting ex-gratia payments.

What did the court decide?

Award modified to Rs.4,69,500 with interest at 6% p.a., and respondent ordered to pay within six weeks.

The Managing Director Vs Smt Shashi — Motor Accident Claims | Karnataka HC (2023)

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NC: 2023:KHC:32970 MFA No. 2527 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^rd DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN

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MISCELLANEOUS FIRST APPEAL NO.2527 OF 2022 (MV-D)

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BETWEEN:

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THE MANAGING DIRECTOR KSRTC DEPARTMENT K.H. ROAD, SHANTHINAGAR BENGALURU-560 027.

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…APPELLANT

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(BY SRI G. LAKSHMEESH RAO, ADVOCATE)

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AND:

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SMT. SHASHI

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W/O. LATE THIMMAIAH @ THAMMEGOWDA AGED ABOUT 51 YEARS

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R/AT YADAMARANAHALLI VILLAGE SATHNOOR HOBLI RAMANAGARA DISTRICT.

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…RESPONDENT

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Digitally signed by H K HEMA Location: High Court of Karnataka

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(BY SRI PRAKASH M.H., ADVOCATE)

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THIS APPEAL IS FILED UNDER SECTION 173(1) OF M.V.ACT, PRAYING TO CALL FOR THE RECORDS IN MVC NO.6192/2019 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES & MEMBER PRINCIPAL MOTOR ACCIDENTS CLAIMS TRIBUNAL AT BENGALURU (SCCH-1) AND SET ASIDE THE SAID JUDGMENT AND AWARD DATED 20.09.2021 PASSED BY THE CHIEF JUDGE, COURT OF SMALL CAUSES & MEMBER PRINCIPAL MOTOR ACCIDENTS CLAIMS TRIBUNAL AT BENGALURU (SCCH-1), IN MVC NO.6192/2019 BY MODIFYING THE SAME AND THEREBY ALLOW THE ABOVE MISCELLANEOUS FIRST APPEAL, IN THE INTEREST OF JUSTICE.

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THIS APPEAL COMING ON FOR FURTHER HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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NC: 2023:KHC:32970 MFA No. 2527 of 2022

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JUDGMENT

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Aggrieved by the judgment and award dated 20.09.2021 passed in MVC No.6192/2019 by the Court of the Chief Judge, Court of Small Causes & Member, Principal Motor Accident Claims Tribunal at Bengaluru (for short ‘the Tribunal’), the respondent therein has preferred this appeal.

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For the sake of convenience, the parties are referred

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to herein as per their status before the Tribunal.

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3. Brief facts of the case are as follows:

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On 04.08.2019 at about 7.45 p.m. the deceased -

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Chikkaswamy.T while riding his motor cycle bearing registration No.KA-11-ED-6044 met with an accident near BWSSB Office, ABM Layout, Harohalli with a KSRTC bus bearing No.KA-42-F-502 and because of the said accident, he died. Petitioner is the mother of the deceased. The petitioner preferred a petition under Section 163(A) of the Motor Vehicles Act, 1988 (for short 'the Act'). The

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3 - NC: 2023:KHC:32970 MFA No. 2527 of 2022

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Tribunal has awarded a compensation of Rs.6,12,000/along with interest at the rate of 6% p.a. from the date of petition till realization. Aggrieved by the same, the present appeal is filed by the respondent.

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4. In a petition under Section 163(A) of the Act, the

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element of negligence is irrelevant and the compensation is awarded on a structured formula as it was contained in

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Schedule-II of the Act. Thus, in the instant appeal, the only question that arise for consideration is whether the compensation has been awarded is in accordance with law or not.

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As per the evidence let-in, the petitioner was earning

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an annual salary of Rs.39,600/-. Thus, as per the Schedule, his annual income has to be considered at Rs.40,000/-. He was aged 25 years at the time of the accident. Hence, a multiplier of '18' is applicable. 1/3^rd has to be deducted towards his personal expenses. Thus, on the count of 'loss of dependency', the petitioner would be entitled to a sum of Rs.4,80,000/- (40,000x18x2/3).

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4 - NC: 2023:KHC:32970 MFA No. 2527 of 2022

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Further, the petitioner is also entitled to a sum of Rs.2,000/- towards 'funeral expenses' and further sum of Rs.2,500/- towards 'loss of estate'. Thus, the petitioner would be entitled to a sum of Rs.4,84,500/-. It is further submitted that the respondent has paid a sum of Rs.15,000/- as exgratia amount, immediately after the accident. The same needs to be deducted. Thus, the petitioner would be entitled to a sum of Rs.4,69,500/- (Rs.4,84,500/- minus Rs.15,000/-). Further, given the bank rate of interest, I deem it appropriate to award interest at the rate of 6% p.a. on the enhanced compensation from the date of petition till realization. Hence, the following:

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ORDER

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(i) The appeal is allowed in part ;

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(ii) The petitioner before the Tribunal (respondent herein) is entitled to a sum of

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Rs.4,69,500/- along with interest at the

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rate of 6% p.a. from the date of petition

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NC: 2023:KHC:32970 MFA No. 2527 of 2022

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before the Tribunal till realization as against Rs.6,12,000/- with interest at the

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rate of 6% p.a. awarded by the tribunal;

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(iii) Respondent before the Tribunal shall pay the compensation within a period of six weeks from the date of receipt of a certified copy of the judgment and order;

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(iv) Office to draw modified award accordingly.

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Sd/JUDGE

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VMB

The Managing Director v. Smt Shashi

Case brief

What is this about?

What did the court decide?

The Managing Director v. Smt Shashi

Case brief

What is this about?

What did the court decide?

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