Partly allowed

Sri D Narayanaswamy v. the Managing Director

Karnataka HC18 Jan 2024MFA/3941/2019

Case brief

AI extract

What is this about?

Cross appeals in a motor accident death claim: claimants sought enhancement and KSRTC challenged the 50% contributory negligence fixed on its driver. The High Court revised negligence to 60% on the deceased and 40% on the bus driver, reassessed compensation at Rs.18,78,600/- with consortium per precedent, scaled interest to 6%, and awarded the claimants 40% thereof.

What the court decided

AI extract

Sri D Narayanaswamy Vs the Managing Director — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:2643 MFA No. 3941 of 2019 C/W MFA No. 2555 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO.3941 OF 2019 C/W MISCELLANEOUS FIRST APPEAL NO.2555 OF 2019 (MV-D)

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IN MFA NO.3941/2019

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BETWEEN:

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SRI.D. NARAYANASWAMY S/O DODDA HANUMANTHARAYAPPA, AGED ABOUT 51 YEARS,

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SMT. MANJULAMMA W/O D.NARAYANASWAMY AGED ABOUT 46 YEARS,

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KUMARI ASHWINI D/O D.NARAYANASWAMY, AGED ABOUT 15 YEARS,

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Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA

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APPELLANT NO.3 MINOR REPRESENTED BY FATHER NATURAL GUARDIAN APPELLANT NO.1

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ALL ARE RESIDING AT: CHANDENAHALLI VILLAGE, VIJAYAPURA POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT - 562 135

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…APPELLANTS

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(BY SRI. HARISH BABU K N, ADVOCATE)

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2 - NC: 2024:KHC:2643 MFA No. 3941 of 2019 C/W MFA No. 2555 of 2019

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AND:

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THE MANAGING DIRECTOR KSRTC, DOUBLE ROAD, SHANTHINAGAR, BANGALORE - 560 027.

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…RESPONDENT

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(BY SRI. K. NAGARAJ, ADVOCATE)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02/01/2019, PASSED IN MVC NO.638/2018, ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE & MACT, BENGALURU (SCCH-17), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO.2555/2019

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BETWEEN:

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THE MANAGING DIRECTOR K.S.R.T.C, DOUBLE ROAD, SHANTHINAGAR, BANGALORE. NOW THROUGH CHIEF LAW OFFICER, KSRTC, BANGALORE

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…APPELLANT

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(BY SRI. NAGARAJA K, ADVOCATE)

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AND:

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SRI D NARAYANA SWAMY S/O. DODDAHANUMANTHARAYAPPA, AGED ABOUT 51 YEARS,

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SMT. MANJULAMMA W/O. D. NARAYANASWAMY, AGED ABOUT 46 YEARS

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- 3 - NC: 2024:KHC:2643 MFA No. 3941 of 2019 C/W MFA No. 2555 of 2019

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KUM. ASHWINI D/O. D. NARAYANASWAMY, AGED ABOUT 15 YEARS, SINCE MINOR REPRESENTED BY FATHER AND NATURAL GUARDIAN, NO.1 ABOVE.

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ALL R/O. CHANDENAHALLI VILLAGE, VIJAYAPURA POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT – 562 135.

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…RESPONDENTS

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(BY SRI. K.N. HARISH BABU, ADVOCATE FOR R1 TO R3; R3 IS MINOR REPRESENTED BY R1)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.01.2019 PASSED IN MVC NO.638/2018 ON THE FILE OF THE XIX ADDITIONAL SCJ & MACT, BENGALURU [SCCH-17], AWARDING COMPENSATION RS.9,07,200/- WITH INTEREST @ 7.5% FROM THE DATE OF PETITION TILL REALIZATION.

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

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JUDGMENT

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MFA.No.3941/2019 is filed by the claimants

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challenging the judgment and award dated 02.01.2019

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passed in MVC.No.638/2018 by the Motor Accident Claims Tribunal, XIX Addl. SCJ & MACT, Bangalore (SCCH-17), for seeking enhancement of compensation.

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4 - NC: 2024:KHC:2643 MFA No. 3941 of 2019 C/W MFA No. 2555 of 2019

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MFA.No.2555/2019 is filed by the KSRTC challenging

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the aforesaid judgment and award questioning the contributory negligence fastened at 50% on the driver of KSRTC bus, but contributory negligence ought to be fastened more on the deceased and also on the quantum of compensation.

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The factum of accident and death of the

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deceased is not disputed. What would be the contributory negligence is disputed in the appeal.

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Heard the arguments from both sides and

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perused the records.

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While considering the documentary evidence i.e., complaint, FIR, spot sketch, charge sheet and spot mahazar that the KSRTC bus was moving from Kolar to Vijayapura that is from East to West. The deceased was riding the motor cycle from Vijayapura to Kolar that is from West to East. The width of the road is 20 feet from

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5 - NC: 2024:KHC:2643 MFA No. 3941 of 2019 C/W MFA No. 2555 of 2019

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South to North. The place of accident is shown as 8 feet away from Southern direction and 12 feet away from Northern side. Therefore, considering the width of the bus as 6 feet width, remains 2 feet gap from the South. The Motor Vehicle Accident Report proves that the accident is caused to the left side of the bus. Therefore, the deceased has contributed more negligence as compared to the driver of the KSRTC bus.

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Therefore, considering all the evidence on

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record, when the place of accident is 8 feet away from Southern direction and the impact is on the left side of the bus, then it is proved that the deceased must have been more negligence in riding the motor cycle and caused the accident. Therefore, rash and negligence is to be modified by holding that the deceased while riding the motor cycle has contributed 60% of rash and negligence and the driver of the bus has contributed 40% of rash and negligence. The driver of the KSRTC bus has been examined as R.W.1

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6 - NC: 2024:KHC:2643 MFA No. 3941 of 2019 C/W MFA No. 2555 of 2019

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and quite naturally, he being the driver of KSRTC bus has deposed that he is of no fault. Therefore, rash and negligence is contributed at 40% on the driver of the bus and 60% on the part of the deceased.

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The deceased was ITI graduate. The Tribunal has taken monthly income at Rs.12,000/- as the deceased is a technical person. The accident is caused on 09.11.2017. Therefore, the income taken by the Tribunal at Rs.12,000/- pm., is found to be correct, which needs no interference. Admittedly, it is proved that the deceased was aged 25 years and 8 months. It means, the deceased has completed 25 years and was running 26 years. Therefore, the appropriate multiplier applicable is “17”. Since the deceased is a bachelor, 50% of income is to be deducted towards personal and living expenses. Therefore, as per the judgment of the Hon’ble Supreme Court in the

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case of National Insurance Co. Ltd. Vs. Pranay Sethi 1 , 40% of income is to be added towards loss of future

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1 (2017) 16 SCC 680

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NC: 2024:KHC:2643 MFA No. 3941 of 2019 C/W MFA No. 2555 of 2019

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prospectus in life. Therefore, compensation under the head loss of dependency is re-assessed and quantified as follows:

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Rs.12,000/- + Rs.4,800/- (40% of Rs.12,000/-)=Rs.16,800/Rs.16,800/- x 50% x 17 x 12=Rs.17,13,600/-

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Accordingly, compensation of Rs.17,13,600/- is awarded under the head loss of dependency.

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The Tribunal has not awarded compensation

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under the head loss of consortium. There are totally three legal dependants of the deceased. Hence, as per the judgment of the Hon’ble Apex Court in the case of Magma

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General Insurance Co. Limited Vs. Nanu Ram & Others² and National Insurance Co. Ltd. Vs. Pranay Sethi³ , the claimants are entitled to Rs.40,000/- each with 10% escalation under the head loss of consortium including loss of love and affection. Accordingly, Rs.1,32,000/- (Rs.40,000 x 3 + 10% escalation) is

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2 2018 ACJ 2782

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3 (2017) 16 SCC 680

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8 - NC: 2024:KHC:2643 MFA No. 3941 of 2019 C/W MFA No. 2555 of 2019

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awarded under the head loss of consortium including loss

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of love and affection.

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(Rs.15,000/- + 10% escalation) is awarded towards transportation of dead body and funeral expenses.

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9. Further compensation of Rs.16,500/-

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(Rs.15,000/- + 10% escalation) is awarded towards loss of estate.

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Thus, in all the appellants/claimants are entitled to total compensation determined by this Court as follows:

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1	Loss of dependency	Rs.	17,13,600/-
2	Loss of consortium including loss of love and affection	Rs.	1,32,000/-
3	Loss of estate	Rs.	16,500/-
4	Transportation of dead body and funeral expenses	Rs.	16,500/-
	Total	Rs.	18,78,600/-

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The Tribunal has granted interest at the rate of

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7.5% p.a., and the same is scaled down to 6% p.a. As the

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9 - NC: 2024:KHC:2643 MFA No. 3941 of 2019 C/W MFA No. 2555 of 2019

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deceased has contributed 60% of contributory negligence, the claimants are entitled to only 40% of total compensation. Hence, the claimants are entitled to compensation of Rs.7,36,440/- (40% of Rs.18,78,600/= Rs.7,51,440/- - Rs.15,000/- interim compensation = Rs.7,36,440/-) along with interest at the rate of 6% pa., from the date of petition till realization as against the compensation awarded by the Tribunal.

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12. Accordingly, I proceed to pass the following

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ORDER

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i. MFA.No.3941/2019 filed by the claimants is allowed in part .

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ii. MFA.No.2555/2019 filed by the Insurance

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Company is allowed in part .

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iii. The impugned judgment and award dated 02.01.2019 passed in MVC.No.638/2018 by the Motor Accident Claims Tribunal, XIX Addl. SCJ & MACT, Bangalore (SCCH-17), is modified.

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iv. The claimants are entitled to compensation of Rs.7,36,440/- (40% of Rs.18,78,600/= Rs.7,51,440/- - Rs.15,000/- interim compensation = Rs.7,36,440/-) along with interest at the rate of 6% pa., from the date of petition till realization as against the compensation awarded by the Tribunal.

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