Claimants sought enhancement of motor accident compensation for their father's death after falling from a BMTC bus. As both claimants were adults, the court held they were entitled only to loss of estate and found the tribunal's award of Rs.2,22,000 adequate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:12732 MFA No. 6631 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6631 OF 2018
(MV-D)
BETWEEN:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
…APPELLANTS
(BY SMT.A. SARHARANI FOR ; SRI. CHANDRASHEKAR RODNAVAR.,ADVOCATE)
AND:
THE MANAGER OF BMTC BUS SHANTHINAGAR, BANGALORE.
…RESPONDENT
(BY SRI.VIJAYAKUMAR.,ADVOCATE)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED20.07.2017 PASSED IN MVC NO.5074/2016 ON THE FILE OF THE 8TH ADDITIONAL SMALL CAUSE JUDGE & 33RD ACMM, MEMBER, MACT, BENGALURU (SCCH-5), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in
MVC.No.5074/2016 dated 20.07.2017 by the MACT, Bengaluru (SCCH-5) the claimants are before this court seeking enhancement of the compensation.
an amount of Rs.25,00,000/- for the death of the deceased. The claimants are the major son and the daughter. It is their case that on 30.11.2015 at about 9.30 p.m. when the deceased was getting down from BMTC bus, the driver of the bus moved the same in a rash and negligent manner. As result of which, he fell down and sustained bleeding injuries. Immediately he was
shifted to the Bowring Hospital wherein he took treatment as inpatient for 25 days and underwent a major surgery, later he succumbed to the injuries. According to them, the deceased was aged 65 years, after his retirement working as security guard and earning an amount of Rs.15,000/p.m. The court below has observed that though it is stated
that he is earning an amount of Rs.15,000/- no evidence is let in and as both the children are major’s the court below had granted the compensation as per the table given below:
| Heads | C | ompensation Awarded |
||
|---|---|---|---|---|
| 1. | Loss of Love and affection |
: | Rs. | 2,00,000/- |
| (Rs.1,00,000/- each to Petitioner’s 1 and 2) |
||||
| 2. | Medical Expenses | : | Rs. | 12,000/- |
| 3. | Funeral Expenses | : | Rs. | 25,000/- |
| TOTAL | : | Rs. | 2,37,000/- | |
| Less Rs.15,000/- paid by BMTC as compensation in view of death of Chinnathambi |
- | 15,000/- | ||
| Grand total | : | Rs. | 2,22,000/- |
a meager compensation of an amount of Rs.2,22,000/-.
entire material on record. Both the claimants are major son and daughter, hence, it cannot be said that they are dependent upon the deceased. They are only entitled for loss of estate. If the loss of estate has to be calculated, as this is an accident of the year 2015, as per the chart prepared by the Karnataka State Legal Services Authority, the income is considered at Rs.9,000/- and if the same is calculated by taking 25% towards loss of estate and adding consortium and other expenses, it would come to
Rs.2,22,000/-, the same amount is calculated by the court below. In that view of the matter, this court finds no reasons to interfere with the well considered order passed by the court below.
ORDER
Pending miscellaneous petitions, if any, shall stand
closed.
SD/JUDGE
TS List No.: 1 Sl No.: 41
1 issue framed by the court
Whether compensation awarded to the major son and daughter of a man killed in a BMTC bus accident should be enhanced.
1 provisions across 1 enactments
Subramani C
V.Jyothi Lakshmi
The Manager of BMTC Bus Shanthinagar, Bangalore
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
