Dismissed

The Managing Director v. Srinivasa Dead by Lrs

Karnataka HC18 Jul 2024MFA/1975/2020

Case brief

AI extract

What is this about?

KSRTC appealed against MACT award of Rs. 2,78,500 with 7% interest for the death of a 68-year-old pedestrian in a bus accident. The High Court held the Tribunal's overall compensation just despite noting lower income and multiplier figures, and dismissed the appeal.

What did the court decide?

Statutory amount deposited before this Court to be transmitted to the jurisdictional Tribunal.

The Managing Director Vs Srinivasa Dead by Lrs — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:28174 MFA No. 1975 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR MISCELLANEOUS FIRST APPEAL NO. 1975 OF 2020 (MV-D)

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BETWEEN:

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THE MANAGING DIRECTOR K S R T C CENTRAL HEAD OFFICE K H ROAD, SHANTHINAGAR BANGALORE -560 027 REP BY ITS CHIEF LAW OFFICER.

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…APPELLANT

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(BY SRI. RAJASHEKAR S., ADVOCATE)

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AND:

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SRINIVASA (DEAD BY LRS)

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SHAKUNTHALA AGED ABOUT 47 YEARS, W/O LATE SRINIVASA

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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RAGHU AGED ABOUT 27 YEARS, S/O LATE SRINIVASA

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RES NO. 1 & 2 ARE R/AT YELLURAPPANA BEEDHI DODDAPETE KADUR TOWN AND TQ 577 548

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CHIKKAMAGALURU DISTRICT.

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HUCHAPPA (DEAD BY LRS)

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SMT SHOHA AGED 45 YEARS, W/O LATE HUCHAPPA

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LOKESH AGED ABOUT 21 YEARS, S/O LATE HUCHAPPA.

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NC: 2024:KHC:28174 MFA No. 1975 of 2020

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VINAY AGED 19 YEARS S/O LATE HUCHAPPA

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RES NO. 3 TO 5 ARE R/AT KALLUHOLE ROAD 2ND CROSS KADUR TOWN AND TALUK -577 548 CHIKKAMAGALURU DISTRICT.

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H NAGARAJA AGED 47 YEARS, S/O HANUMANTHAPPA DRIVER OF KSRTC BADGE NO.6213 KADUR DEPPOT AND TOWN-577548 CHIKKAMAGALURU DISTRICT.

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…RESPONDENTS

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(BY SRI. A NAGENDRA, ADVOCATE FOR R1 TO R5; V/O DATED 31.7.2023 NOTICE TO R6 IS D/W)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.10.2019 PASSED IN MVC NO.21/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MACT, KADUR, CHIKKAMAGALUR DISTRICT, AWARDING COMPENSATION OF RS. 2,78,500/- WITH INTEREST AT 7 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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

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JUDGMENT

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This appeal under Section 173(1) of the Motor Vehicles Act arises from the judgment and award dated October 1, 2013, passed by the learned Senior Civil Judge and Motor Accident Claims Tribunal (MACT) at Kudur, Chikkamagalur District, in MVC No. 21/2013.

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3 - NC: 2024:KHC:28174 MFA No. 1975 of 2020

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The claimants filed a claim petition under Section 166 of the Motor Vehicles Act, seeking just and adequate compensation for the death of Smt. Mallamma in a road traffic accident that occurred on December 24, 2012. The accident was caused by the rash and negligent driving of the driver of the offending KSRTC bus, which collided with the claimant while she was near KLV Circle on Kudur Road. The Tribunal, after evaluating the evidence on record, awarded a total compensation of Rs. 2,78,500, with interest at 7% per annum from the date of the petition until its actual realization, payable by the 2nd respondent, KSRTC.

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The appellant, KSRTC, has filed this appeal challenging the quantum of compensation awarded by the Tribunal.

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Heard the learned counsel for both parties and have reviewed the trial court records.

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It is undisputed that the accident occurred in 2012 and that Smt. Mallamma’s death in the road traffic accident is not contested. At the time of the accident, Smt. Mallamma was 68 years old. In the absence of any proof of the deceased’s income, the Tribunal used a notional income of Rs. 4,500 per month for the year 2012. However, according to the chart prepared by the Karnataka Legal Aid Services Committee, the notional income should be considered as Rs. 7,000 per month.

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Although the deceased was 68 years old, the Tribunal applied a multiplier of 7 instead of 5. However, the income assessed by the Tribunal and the compensation awarded for loss

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NC: 2024:KHC:28174 MFA No. 1975 of 2020

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of consortium appear to be on the lower side. Despite these observations, the overall compensation awarded by the Tribunal is deemed just and appropriate.

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The learned counsel for the claimants has stated that two sons of the deceased are no longer alive, with one having passed away during the pendency of the claim petition. His legal representatives were subsequently brought on record. Therefore, it cannot be argued that the claimants, who are the legal representatives of the deceased son, were not dependent on the deceased’s income. Consequently, the contention of the learned counsel for the KSRTC that the legal representatives of the deceased son are not entitled to compensation is not acceptable.

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The appeal is hereby dismissed. The statutory amount deposited before this Court is to be transmitted to the jurisdictional Tribunal concerned.

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Sd/-

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(HEMANT CHANDANGOUDAR) JUDGE

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The Managing Director v. Srinivasa Dead by Lrs

Case brief

What is this about?

What did the court decide?

The Managing Director v. Srinivasa Dead by Lrs

Case brief

What is this about?

What did the court decide?

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Statutes considered

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