Partly allowed

The Divisional Controller v. Lakshmi Narayana S/O Sheshanna

Karnataka HC4 Sept 2024MFA/102145/2018

Case brief

AI extract

What is this about?

Parents of a driver killed when a KSRTC bus hit his Tata Magic sought enhancement of Tribunal-awarded compensation; the Corporation challenged liability. Court affirmed negligence findings, recomputed loss of dependency using Rs.10,250 notional income with 40% prospects and multiplier 17, added loss of estate and parental consortium, reduced interest to 6%, awarding Rs.15,73,700.

What did the court decide?

Compensation enhanced from Rs.10,86,000 to Rs.15,73,700 with interest at 6% p.a., payable by NEKSRTC within six weeks; apportionment retained; deposit transmitted to Tribunal.

The Divisional Controller Vs Lakshmi Narayana S/O… — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:12759 MFA No. 102016 of 2018 C/W MFA No. 102145 of 2018

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 4^TH DAY OF SEPTEMBER 2024 BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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MISCELLANEOUS FIRST APPEAL NO. 102016 OF 2018 C/W MISCELLANEOUS FIRST APPEAL NO. 102145 OF 2018

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IN MFA NO. 102016/2018

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BETWEEN:

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LAKSHMI NARAYAN S/O. SHESHANNA,

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AGE: 53 YEARS.

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SMT. RAMULAMMA W/O. LAKSHMI NARAYANA, AGE: 51 YEARS, OCC:HOUSEWIFE,

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BOTH ARE R/O. W.NO.30, HOSAPETE ROAD, ALLIPURA, BALLARI-583101.

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…APPELLANTS

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(BY SRI. MANJUNATHA G. PATIL, ADVOCATE)

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AND:

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YASHAVANT NARAYANKAR

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Location: HIGH COURT OF KARNATAKA

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MUDUKAPPA POOJAR S/O. YAMUNAPPA, AGE: 30 YEARS, DRIVER OF THE KSRTC BUS, BEARING REG.NO. KA-35/G-183, R/O: ITAGI VILLAGE, BASAVANA BAGEWADI TALUK, VIJAYAPURA DISTRICT - 540004.

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THE DIVISIONAL CONTROLLER, NEKSRTC, HOSAPETE DEPOT, BALLARI - 580001.

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THE DIVISIONAL CONTROLLER, NEKSRTC, BALLARI DIVISION, BALLARI - 583101.

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…RESPONDENTS

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(BY SRI. S. C. BHUTI, ADVOCATE FOR R2; NOTICE TO R1 & R3 DISPENSED WITH)

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THIS MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT, PRAYS THAT CALL FOR THE LOWER COURT RECORDS IN MVC NO.464/2017 DATED 05.03.2018 ON FILE OF MOTOR VEHICLE

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2 - NC: 2024:KHC-D:12759 MFA No. 102016 of 2018 C/W MFA No. 102145 of 2018

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ACCIDENT CLAIMS TRIBUNAL-IIND AT BALLARI AND ENHANCE THE COMPENSATION FROM RS.10,86,000/- TO RS.15,00,000/- IN MVC NO.464/2017 DATED 05.03.2018 ON FILE OF MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL-IIND AT BALLARI, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN MFA NO. 102145/2018 BETWEEN:

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THE DIVISIONAL CONTROLLER,, NEKSRTC, HOSAPETE DEPOT, BALLARI DISTRICT, REPRESENTED BY CHIEF LAW OFFICER.

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…APPELLANT

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(BY SRI. S. C. BHUTI, ADVOCATE)

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AND:

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LAKSHMI NARAYANA S/O. SHESHANNA, AGE: 53 YEARS,

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SMT. RAMULAMMA W/O. LAKSHMI NARAYANA, AGE: 51 YEARS,

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BOTH ARE R/O: W.NO.30, HOSAPETE ROAD, ALLIPURA, BALLARI-583101.

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MUDUKAPPA POOJAR S/O. YAMUNAPPA, AGE: 30 YEARS, DRIVER OF THE KSRTC BUS BEARING REG.NO.KA-35/G-183, R/O: ITAGI VILLAGE, BASAVANA BAGEWADI TALUK, VIJAYAPURA DISTRICT-586213.

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THE DIVISIONAL CONTROLLER, NEKSRTC, BALLARI DIVISION, BALLARI - 583102.

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…RESPONDENTS (BY SRI. MANJUNATH G. PATIL, ADVOCATE FOR R1 AND R2; R3 & R4 ARE SERVED)

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THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD PASSED BY THE MOTOR ACCIDENTS CLAIM TRIBUNAL-II, BALLARI IN MVC NO.464/2017 DATED 05.03.2018 IN THE INTEREST OF JUSTICE AND EQUITY.

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3 - NC: 2024:KHC-D:12759 MFA No. 102016 of 2018 C/W MFA No. 102145 of 2018

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

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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Miscellaneous First Appeal No.102016/2018 is filed by the claimants seeking enhancement of compensation awarded in judgment dated 05.03.2018 passed in MVC No.464/2017 by the Motor Accidents Claims Tribunal-II, Ballari.

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Miscellaneous First Appeal No.102145/2018 is filed by the Corporation challenging the liability and also quantum of compensation awarded in MVC No.464/2017.

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Brief facts of the petitioner’s case are that, on 25.05.2017 at about 7:15 pm deceased Sunil being driver of TATA Magic Auto bearing registration No.KA-35/A-6864 was proceeding along with one Rangaswamy, in front of KEB office, Ballari-Hosapete road, near Allipura, Ballari, respondent No.1 being the driver of the KSRTC bus bearing registration No. KA35/F-183 came from Ballari side in high speed and in a rash and negligent manner, dashed to the vehicle of the deceased,

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as a result of it Sunil and his friend fell down and Sunil sustained fatal injuries. Immediately, Sunil was shifted to

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4 - NC: 2024:KHC-D:12759 MFA No. 102016 of 2018 C/W MFA No. 102145 of 2018

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VIMS Hospital, Ballari, and while taking treatment, he succumbed to the injuries. Postmortem was conducted over the dead body of the deceased. The appellants spent Rs.80,000/- towards funeral expenses and conveyance. The deceased was hale and healthy prior to the accident and was aged 30 years working as a driver and getting income of Rs.20,000/- per month and was maintaining the petitioners. Petitioner No.1 is the father and petitioner No.2 is the mother of the deceased and they were depending on the sole earning of the deceased. Due to untimely death of their son, they have lost earning member in their family, income, lost dependency, love and affection, loss to estate, loss of social security and suffered mentally, physically and financially. They contended that the accident in question was entirely due to rash and negligent driving of vehicle No.KA-35/F-183 by its driver. The further contended that, respondent No.1 being driver, respondent No.2 being owner and respondent No.3 being head of the office of said bus are liable to pay compesation. Hence, claimants made a petition seeking compensation.

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5 - NC: 2024:KHC-D:12759 MFA No. 102016 of 2018 C/W MFA No. 102145 of 2018

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The Tribunal, after recording evidence and

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appreciation the evidence on record, has awarded the

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compensation as under:

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Sl.	HEAD		Amount in Rs.
No.
1	Loss of dependency		10,71,000/-
2	Funeralexpenses		15,000/-
		TOTAL	10,86,000/-

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Being dissatisfied with the quantum of

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compensation awarded, the claimants have filed the appeal.

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Heard the learned counsel for the claimants and the

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learned counsel for the Corporation.

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Learned counsel for the claimants would contend that the deceased was the driver and the income taken by the Tribunal in a sum of Rs.7,500/- per month is on the lower side. The accident has occurred in the year 2017, the notional income fixed for settlement of disputes in Lok Adalat by the Legal Services Authority is Rs.10,250/-, the Tribunal ought to have taken the said notional income. He further contends that the Tribunal has not awarded compensation under the head

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6 - NC: 2024:KHC-D:12759 MFA No. 102016 of 2018 C/W MFA No. 102145 of 2018

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loss of estate and towards consortium. With this, he prayed to allow the appeal and enhance the compensation.

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The learned counsel for the Corporation would contend that the damage to the left side of the bus would indicate rash and negligent driving by the driver of the TATA Magic Auto. Considering the said aspect, the Tribunal ought to have fixed contributory negligence on both the drivers of the vehicles involved in the accident. He further contended that the interest awarded at 7% per annum is on the higher side and prays to reduce the same to 6% per annum. He contended that the quantum of compensation awarded by the Tribunal is just and proper. With this, he prayed to allow his appeal.

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Having heard the learned counsel, the Court has perused the impugned order and other materials placed on record.

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Charge-sheet has been filed against the driver of the KSRTC bus. The said aspect itself indicate that the driver of the KSRTC bus has driven the bus in a rash and negligent manner and caused the accident. Apart from that, the accident has occurred on the right side of the road on which side the

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7 - NC: 2024:KHC-D:12759 MFA No. 102016 of 2018 C/W MFA No. 102145 of 2018

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KSRTC bus was proceeding and dashed to the TATA Magic auto driven by the deceased. Considering the said aspect, the Tribunal has rightly held that the accident occurred due to rash and negligent driving by KSRTC bus.

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The Tribunal has taken the income of the deceased at Rs.7,500/- per month. The accident has occurred in the year 2017 and as per the chart prepared for Lok Adalat by the Legal Services Authority, notional income fixed for the year 2017 is Rs.10,250/- per month. The Tribunal ought to have taken the said notional income of Rs.10,250/- per month. As the deceased was aged 30 years, he is entitled to future prospects at 40% and the multiplier applicable is 17. As the deceased was a bachelor and he left behind his parents, who are the claimants, deductions towards personal expenses of the deceased are to be taken at 50% of his income. In view of the same, the loss of dependency would come to Rs.14,63,700/(Rs.10,250/-+40% (4,100)=14,350/minus 50%=7,175/x12x17). The Tribunal has not awarded compensation under the head loss of estate and therefore, the claimants are entitled to a sum of Rs.15,000/- towards loss of estate. The Tribunal has not awarded compensation under the head consortium to

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8 - NC: 2024:KHC-D:12759 MFA No. 102016 of 2018 C/W MFA No. 102145 of 2018

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the claimants. The petitioners/claimants being the parents of the deceased are entitled to consortium in a sum of Rs.80,000/- (Rs.40,000x2). Further, as the interest awarded by the Tribunal at 7% per annum is on the higher side, interest at 6% per annum would be just and proper. In view of the above, the claimants are entitled to re-assessed compensation as under:

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Sl.	HEAD		Amount in
No.			Rs.
1	Loss ofdependency		14,63,700/-
2	Funeral expenses etc		15,000/-
3	Loss of estate		15,000/-
4	Loss of consortium		80,000/-
		TOTAL	15,73,700/-

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The appellants/claimants are entitled to total compensation of Rs.15,73,700/- as against Rs.10,86,000/awarded by the Tribunal.

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In the result, the following

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ORDER

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Both the appeals are allowed in part. The judgment and award dated 05.03.2018 passed by the Motor Accidents Claims

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9 - NC: 2024:KHC-D:12759 MFA No. 102016 of 2018 C/W MFA No. 102145 of 2018

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Tribunal-II, Ballari, in MVC No.464/2017 is modified. The appellants are entitled to total compensation of Rs.15,73,700/with interest at 6% per annum from the date of petition till realisation. The respondent/Corporation is liable to pay the entire compensation amount with interest to the appellants within a period of six weeks from the date of receipt of certified copy of this judgment.

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Apportionment of the compensation amount as ordered by the Tribunal remains unaltered.

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The appellants are entitled for release of entire amount of compensation.

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Amount in deposit by the Corporation before this Court is ordered to be transmitted to the Tribunal.

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Draw award accordingly.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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RKM & Kmv from para 2 till end CT:ANB

The Divisional Controller v. Lakshmi Narayana S/O Sheshanna

Case brief

What is this about?

What did the court decide?

The Divisional Controller v. Lakshmi Narayana S/O Sheshanna

Case brief

What is this about?

What did the court decide?

What the court decided

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