Akbar Sab Vs the Managing Director

THE MANAGING DIRECTOR, K.S.R.T.C., CENTRAL OFFICES, SHANTHI NAGAR, DOUBLE ROAD, BENGALURU - 560 027, (RC OWNER OF KSRTC BUS BEARING REGN. NO.KA-40/F-837)

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MOHAMMED RAFIQ, S/O SHARFUDDIN SAB, MAJOR PROP:SAMFRARS ENTERPRISES, NO.152, 2^ND CROSS, VIDYANAGAR, BOMMASANDRA,

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2 -

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NC: 2025:KHC:46157 MFA No. 2071 of 2016

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HC-KAR

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OPP. SKF BEARING FACTORY, BEGNALURU - 560 099.

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BHARATHI AXA GENERAL INSURANCE CO. LTD., NO.30, PRIDE QUADRA, 3^RD FLOOR, BELLARY ROAD, HEBBAL, BENGALURU - 560 024.

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…RESPONDENTS

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(BY SRI. F.S. DABALI, ADVOCATE FOR R1 SRI.B.C.SHIVANNE GOWDA, ADVOCATE FOR R3 V/O DATED 22.07.2022, NOTICE TO R2 IS D/W)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.07.2015 PASSED IN MVC NO.6176/2013 ON THE FILE OF THE 12^TH ADDITIONAL SMALL CAUSES JUDGE & MEMBER, MACT, BENGALURU, DISMISSING THE CLAIM PETITION FOR COMPENSATION.

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THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE T.M.NADAF

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JUDGMENT

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This appeal is by the claimants/appellants for enhancement of compensation arising out of the judgment and award dated 22.07.2015 in MVC.No.6176/2013 passed by the XII Additional, Small Causes Judge and Member, MACT, Bangalore (SCCH-8) (‘the Tribunal’ for short).

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HC-KAR

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The date of accident, involvement of the vehicle, death of Begum Bee W/o Akbar Sab as well as the liability to pay compensation are not in dispute. The only dispute is with regard to the quantum of compensation.

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Heard Smt.G.K.Sree Vidya, learned counsel for Sri.T.N.Vishwanatha, learned counsel for the appellants, Sri.F.S.Dabali, learned counsel for respondent No.1 as well as Sri.B.C.Shivanne Gowda, learned counsel for respondent No.3. Vide order dated 22.07.2022, notice to respondent No.2 is dispensed with.

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Smt.G.K.Sree Vidya, learned counsel submits that the Tribunal has awarded compensation considering the income at Rs.6,000/- per month. Admittedly, the accident occurred in the year 2013. She further submits that as per the chart prepared by the Karnataka State Legal Services Authority, the income at Rs.8,000/- per month is fixed for the year 2013, for settling the case before the Lok Adalat. The deceased was 53 years of age as on the date of death, 10% must have been added

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HC-KAR

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towards future prospects. The claimants are also entitled for 10% escalation on the compensation awarded under the conventional heads, for each completed three years from 2017.

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Learned counsel further submits that the compensation awarded under the ‘filial consortium’ is meager and requires reconsideration. With these, Smt.Sree Vidya sought to allow the appeal and enhance the compensation.

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Sri.B.C.Shivanne Gowda, learned counsel neither supported nor argued against the judgment and award, stating that he is a formal party.

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Sri.F.S.Dabali, refuting the submissions of Smt.Sree Vidya, submits that in the absence of proof of income, the Tribunal has considered the income at Rs.6,000/- per month and deducted 50% towards personal expenses, in view of the fact, that the son is major and not dependant on the deceased. However, Sri.F.S.Dabali, is not disputing the settled position of law of adding 10%

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HC-KAR

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towards future prospects with respect to the age of the deceased, as well as 10% escalation on the compensation awarded under the conventional heads.

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He further submits that the Tribunal has committed an error in awarding higher compensation under the heads ‘loss of filial consortium’, ‘transportation of the dead body’ and ‘funeral expenses’, so also, the interest must be awarded at 6% per annum instead of 8% awarded by the Tribunal.

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Upon the rival submissions, this Court finds that, admittedly, the accident occurred in the year 2013 as per the chart stated supra , the amount fixed for the year 2013 is at Rs.8,000/- per month. In the absence of proof of income and considering the avocation of the deceased, the income fixed under the chart is considered for awarding compensation.

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In view of the settled position of law by the Hon’ble Apex Court in the case of National Insurance

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HC-KAR

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Company Limited Vs. Pranay Sethi¹ , considering the age of the deceased as 53 years on the date of accident, 10% be added towards ‘future prospectus’ to the existing income. Further, 10% escalation be awarded on the compensation awarded under the conventional heads.

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Perusal of the entire material on record clearly shows that no documents were produced to prove the income of the deceased. During cross-examination, the husband of the deceased stated that the deceased was running a petty shop. After the death of the deceased, the shop is being continued by her son. In these circumstances, there is no loss of income from the shop. Having considered these materials on record, this Court is of the opinion that income of Rs.8,000/- per month as per the chart supra is just and proper.

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Considering the age of the deceased as 53 years, 10% required to be added towards ‘future prospectus’. The claimants are also entitled to

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1 (2017) 16 SCC 680

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HC-KAR

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compensation under ‘filial consortium’ of Rs.40,000/each. In addition, the claimants are also entitled to 10% escalation for each completed year from 2017, which comes to two terms in the case on hand i.e., 20%, on the compensation awarded under conventional heads. As such

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the compensation awarded by the Tribunal requires reconsideration and reassessment. Accordingly, on reconsideration the claimants are entitled for re-

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determined compensation as follows:

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Heads	Amount awarded by the Tribunal (In Rs.)	Amount awarded by this Court (In Rs.)
Loss of Dependency (8,000+10%x12x11x50%)	3,96,000-00	5,80,800-00
Loss of Filial Consortium	50,000-00	80,000-00
Loss of love and affection and care taker	1,20,000-00	-
Loss of Estate	10,000-00	15,000-00
Transportation of dead body and funeral expenses	25,000-00	15,000-00
20% Escalation (10% for each completed three years from 2017 i.e., two terms)	-	22,000-00
TOTAL	6,01,000-00	7,12,800-00

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HC-KAR

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On re-determination, the claimant is entitled for re-determined compensation of Rs.7,12,800/and enhancement would be Rs.1,11,800/- (rounded off to Rs.1,12,000/-) which shall carry interest at the rate of 6% per annum from the date of the petition till realization.

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Accordingly, this Court proceeds to pass the following:

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ORDER

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i. The appeal is allowed-in-part .

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ii. The judgment and award dated 22.07.2015 in MVC No.6176/2013 passed by the XII Additional Small Causes Judge and Member, MACT, Bangalore (SCCH-8) is modified.

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iii. Respondent No.1 - Corporation shall deposit the enhanced compensation of Rs.1,12,000/- along with 6% interest per annum from the date of petition till

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