Karnataka State Road Transport Corporation Vs Shubha

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V. ACT, AGAINST THE JUDGMENT AND AWARD DATED 25-11-2019 PASSED IN M.V.C. NO.332 OF 2019 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV A.C.M.M., MEMBER, M.A.C.T., BENGALURU, AWARDING COMPENSATION OF RS.16,83,000/- WITH INTEREST AT THE RATE OF 9% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION.

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IN M.F.A. NO.3644/2020:

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BETWEEN:

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KARNATAKA STATE ROAD TRANSPORT CORPORATION DOUBLE ROAD, MOTOR CLAIMS HUB SHANTHINAGAR BENGALURU-560 079 BY ITS MANAGING DIRECTOR REPRESENTED BY ITS CHIEF LAW OFFICER.

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...APPELLANT

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(BY MS. RENUKA H.R., ADVOCATE)

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HC-KAR

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AND:

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UMA W/O. LATE C. KRISHNAPPA AGED ABOUT 33 YEARS.

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KUM. SRUSHTI D/O. LATE C. KRISHNAPPA AGED ABOUT 14 YEARS.

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MASTER CHARAN YADAV K. S/O. LATE C. KRISHNAPPA AGED ABOUT 12 YEARS.

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RESPONDENT NOS.2 AND 3 ARE MINORS, REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN, RESPONDENT NO.1.

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MUNIYAMMA W/O. CHINNAPPA AGED ABOUT 76 YEARS.

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ALL ARE RESIDENT OF OBALAHALLI VILLAGE BYLANARASAPURA NANDAGUDI HOBLI, HOSAKOTE TALUK BENGALURU RURAL DISTRICT-562 122.

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...RESPONDENTS

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(BY SRI K.T. GURUDEVA PRASAD, ADVOCATE)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V. ACT, AGAINST THE JUDGMENT AND AWARD DATED 25-11-2019 PASSED IN M.V.C. NO.333 OF 2019 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV A.C.M.M., MEMBER, M.A.C.T., BENGALURU, AWARDING COMPENSATION OF RS.12,87,000/- WITH INTEREST AT THE RATE OF 9% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION.

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HC-KAR

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IN M.F.A. NO.1796/2021:

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BETWEEN:

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SMT. SHUBHA W/O. LAXMINARAYANA M. AGED ABOUT 26 YEARS.

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MASTER SRIKANTH L. S/O. LAXMINARAYANA M. AGED ABOUT 7 YEARS.

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KUM. NITHYA L. D/O. LAXMINARAYANA M. AGED ABOUT 5 YEARS.

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APPELLANT NOS.2 AND 3 ARE MINORS, REPRESENTED BY THEIR MOTHER NATURAL GUARDIAN SMT. SHUBHA, 1^ST APPELLANT.

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SRI MUNIYAPPA D/O. CHIKKA CHOWDAPPA AGED ABOUT 70 YEARS.

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SMT. GANGAMMA W/O. MUNIYAPPA AGED ABOUT 62 YEARS.

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ALL ARE RESIDING AT OBALAHALLI VILLAGE, BYLANARASAPURA NANDAGUDI HOBLI, HOSKOTE TALUK BENGALURU RURAL DISTRICT-562 122. ...APPELLANTS

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(BY SRI K.T. GURUDEVA PRASAD, ADVOCATE) AND:

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THE MANAGING DIRECTOR (KSRTC) MOTOR CLAIMS HUB DOUBLE ROAD, SHANTHINAGAR BENGALURU 560 027. ...RESPONDENT (BY MS. RENUKA H.R., ADVOCATE) * * *

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HC-KAR

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V. ACT, AGAINST THE JUDGMENT AND AWARD DATED 25-11-2019 PASSED IN M.V.C. NO.332 OF 2019 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV A.C.M.M, MEMBER, M.A.C.T., BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN M.F.A. NO.2467/2022:

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BETWEEN:

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SMT. UMA W/O. LATE C. KRISHNAPPA AGED ABOUT 35 YEARS.

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KUM. SRUSHTI D/O. C. KRISHNAPPA AGED ABOUT 15 YEARS.

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MASTER CHARAN YADAV K. S/O. C. KRISHNAPPA AGED ABOUT 13 YEARS.

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APPELLANT NOS.2 AND 3 ARE MINORS, REPRESENTED THROUGH THEIR MOTHER NATURAL GUARDIAN SMT. UMA, 1^ST APPELLANT.

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SMT. MUNIYAMMA W/O. CHINNAPPA AGED ABOUT 77 YEARS. ALL ARE RESIDING AT OBALAHALLI VILLAGE NANDAGUDI HOBLI HOSKOTE TALUK BENGALURU RURAL DISTRICT-562 122.

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...APPELLANTS

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(BY SRI K.T. GURUDEVA PRASAD, ADVOCATE)

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HC-KAR

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AND:

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THE MANAGING DIRECTOR (KSRTC) MOTOR CLAIMS HUB DOUBLE ROAD SHANTHINAGAR BENGALURU-560 027.

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...RESPONDENT

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(BY MS. RENUKA H.R., ADVOCATE)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V. ACT, AGAINST THE JUDGMENT AND AWARD DATED 25-11-2019 PASSED IN M.V.C. NO.333 OF 2019 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV A.C.M.M., MEMBER, M.A.C.T., BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION.

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THESE MISCELLANEOUS FIRST APPEALS ARE COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE VENKATESH NAIK T

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE VENKATESH NAIK T)

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As these appeals are arising out of common judgment

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and award of the Tribunal, they are heard together and disposed off by this common judgment.

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Miscellaneous First Appeal Nos.3885 of 2020 and

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3644 of 2020 are filed by the Karnataka State Road

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Transport seeking reduction of the compensation awarded by the Tribunal on the ground of negligence and quantum of compensation awarded by the Tribunal, whereas Miscellaneous First Appeal Nos.1796 of 2021 and 2467 of 2022 are filed by the claimants of the rider and the pillion rider, respectively, seeking enhancement of compensation awarded by the Tribunal.

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For the sake of convenience, the parties herein are referred to as they are referred to in the claim petitions before the Tribunal.

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The brief facts of the case are that on 21-10-2018 at

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1:00 a.m., on Kolar-Bengaluru NH-75 Banamakkanahalli Gate, Nandagudi Hobli, Hosakote

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Sri M. Laxminarayana, rider of the motorcycle (hereinafter referred to as 'deceased') was riding motorcycle, bearing Registration No.KA-04 EN-1322, along

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Sri C. Krishnappa, as a pillion rider, at that time, a KSRTC bus, bearing Registration No.KA-10 F-0378, driven by its driver, came in a rash and negligent manner and dashed

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against the motorcycle, due to which, the rider and the pillion rider sustained injuries and both died on the spot. This led to registration of an F.I.R. and investigation. Hence, the dependents of the rider and the pillion rider filed the claim petitions under Section 166 of the Motor Vehicles Act, 1988, before the Tribunal.

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Ms. H.R. Renuka, learned counsel for the Corporation, vehemently contended that, the Tribunal has wrongly held that the driver of the bus was solely responsible for the accident. This finding has been rendered ignoring the contentions raised by the Corporation which is supported with documentary evidence. The Corporation examined the driver of the bus, who deposed that accident occurred on a National Highway and that the rider of the motorcycle came from left side, i.e. service road and entered the main road. As per Ex.P5-sketch, the bus was proceeding from Kolar towards Bengaluru, which is straight road and a National Highway. Therefore, the rider of the motorcycle was solely responsible for the accident. Further, the Tribunal has

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awarded high and exorbitant compensation on the conventional heads along with interest at the rate of 9% per annum and the interest has to be reduced to 6%. Hence, she prayed for allowing Miscellaneous First Appeal Nos.3885 of 2020 and 3644 of 2020.

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Sri K.T. Gurudeva Prasad, learned counsel for the claimants, vehemently contended that the Tribunal has considered the notional income of the both the deceased at Rs.8,000/- per month which is on lower side. Further, the Tribunal has awarded meager compensation under the head of 'loss of consortium'. Hence, he prayed for allowing Miscellaneous First Appeal Nos.1796 of 2021 and 2467 of 2022.

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Heard the learned counsel for both parties and perused the judgment and award of the Tribunal.

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There is no dispute regarding the death of the rider and the pillion rider in a road traffic accident. The Corporation has taken contention that there was negligence

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on the rider of the motorcycle and therefore, the liability should be fastened on the insurer of the motorcycle. Hence, the following points arise for our consideration in these appeals:

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i. Whether the Corporation proved that accident occurred solely on account of negligence on the rider of the motorcycle?

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ii. Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement, or reduction?

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Insofar as the negligence is concerned, the learned counsel for the Corporation contended that on the date of accident, the driver of the bus was proceeding from Kolar to Bengaluru, which is National Highway and the rider of the motorcycle suddenly entered the road. Hence, the accident occurred.

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From perusal of an F.I.R., complaint, spot mahazar, charge-sheet, it clearly demonstrates that the driver of the bus drove the bus in a rash and negligent manner and caused the accident. As per IMV report, there was dent on

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the left side of the bus and accident did not occur due to mechanical breakdown of the bus. Thus, it is clear evident that the bus came in a rash and negligent manner and dashed against the motorcycle. The driver of the bus could have applied brake, but he did not do so. Therefore, the Tribunal has rightly saddled the entire liability on the Corporation.

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Insofar as quantum of compensation is concerned in both appeals, the claimants have taken contention that the Tribunal has taken the notional income of the deceased at Rs.8,000/- per month, which is on lower side. Accident is of the year 2018. The Tribunal has taken the income of the deceased at Rs.8,000/- per month without any proof. No documentary evidence is placed on record with regard to income of the deceased. In the absence of any proof of income, taking note of the Circular issued by the Karnataka Legal Services Authority as well as the High Court Legal Services Committee, Bengaluru, we deem it appropriate to

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reassess the notional income of the deceased at Rs.12,500/-

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per month.

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In Miscellaneous First Appeal No.1796 of 2021:

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As per the dictum of the Hon’ble Apex Court in the

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case of National Insurance Company Limited v. Pranay Sethi and Others reported in (2017) 16 SCC 680 , 40% of the income must be added towards future prospects, which comes to Rs.5,000/- (12,500 X 40%) and the total income comes to Rs.17,500/- per month (12,500 + 5,000). The deceased is left behind mother, father, wife and two children, as such, 1/4^th of income of the deceased has to be deducted towards his personal expenses is Rs.13,125/-. [(17,500 X 1/4 = 4,375) (17500 minus 4,375)]. Annually, it comes to Rs.1,57,500/- (13,125 X 12). As per the decision of the Hon’ble Apex Court in the case of Smt. Sarla Verma and

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Others v. Delhi Transport Corporation and Another reported in (2009) 6 SCC 121 , multiplier applicable to the age of the deceased is '16' for 32 years. Thus, the compensation payable under the head of ‘loss of

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dependency’ would be Rs.25,20,000/- (1,57,500 X 16) as against Rs.16,12,800/- awarded by the Tribunal.

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In Miscellaneous First Appeal No.2467 of 2022:

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As per the dictum of the Hon’ble Apex Court in the

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case of Pranay Sethi stated supra, 25% of the income must be added towards future prospects, which comes to Rs.3,125/- (12,500 X 25%) and the total income comes to Rs.15,625/- per month (12,500 + 3,125). The deceased is left behind mother, wife and two children, as such, 1/4^th of income of the deceased has to be deducted towards his personal expenses is Rs.11,719/-. [(15,625 X 1/4 = 3906) (15625 minus 3906)]. Annually, it comes to Rs.1,40,628/(11,719 X 12). As per the decision of the Hon’ble Apex Court in the case of Smt. Sarla Verma stated supra, multiplier applicable to the age of the deceased is '13' for 46 years. Thus, the compensation payable under the head of ‘loss of dependency’ would be Rs.18,28,164/- (1,40,628 X 13) as against Rs.12,16,800/- awarded by the Tribunal.

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In the case of Magma General Insurance Co.

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Ltd. v. Nanu Ram alias Chuhru Ram and Others reported in (2018) 18 SCC 130 , the Hon’ble Apex Court by referring to the decision of the Constitution Bench in Pranay Sethi's case, stated supra, has discussed about granting the compensation under the head of ‘loss of consortium’ and has also issued guidelines for grant of ‘spousal consortium’, ‘parental consortium’ and ‘filial consortium’. The claimants in Miscellaneous First Appeal No.1796 of 2021 are mother, father, wife and two children, and the claimants in Miscellaneous First Appeal No.2467 of 2022 are mother, wife and two children. In view of the ratio laid down by the Hon’ble Apex Court in the aforesaid decision, the claimants are entitled to compensation of Rs.2,00,000/- (Rs.40,000/each) and Rs.1,60,000/- (Rs.40,000/- each), respectively, towards ‘loss of consortium’.

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Further, Rs.15,000/- towards 'funeral expenses' and Rs.15,000/- towards 'loss of estate' are awarded by the Tribunal are maintained.

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HC-KAR

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Thus, the claimants in Miscellaneous First Appeal

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No.1796 of 2021 are entitled for the following compensation:

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HEADS	Rs.
Loss of dependency	25,20,000.00
Loss of consortium	2,00,000.00
Loss of estate	15,000.00
Funeral expenses	15,000.00
TOTAL	27,50,000.00
Less: Compensation awarded by the Tribunal	16,82,800.00
ENHANCED COMPENSATION	10,67,200.00

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Thus, the claimants in Miscellaneous First Appeal

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No.2467 of 2022 are entitled for the following compensation:

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HEADS	Rs.
Loss of dependency	18,28,164.00
Loss of consortium	1,60,000.00
Loss of estate	15,000.00
Funeral expenses	15,000.00
TOTAL	20,18,164.00
Less: Compensation awarded by the Tribunal	12,86,800.00
ENHANCED COMPENSATION	7,31,364.00

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With regard to award of interest, the learned counsel for the Corporation vehemently argued to reduce the rate of interest awarded by the Tribunal at 9% per annum

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contending that the same is on the higher side. In the decision rendered by this Court in Miscellaneous First Appeal No.5896 of 2018 (MV) and connected matters in the case of Ms. Joyeeta Bose and Others v. Venkateshan V. and Others , wherein a similar question arose with regard to awarding of interest, keeping in view Section 34 of the Code of Civil Procedure, 1908, it has been held that rate of interest shall not exceed 6% per annum from the date of petition till the date of deposit. Therefore, in the present cases also, the rate of interest is reduced to 6%

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per annum from 9% per annum awarded by the Tribunal.

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In the result, we pass the following:

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O R D E R

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i. Miscellaneous First Appeal Nos.3885 of 2020 and 3644 of 2020 are dismissed .

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ii. Miscellaneous First Appeal Nos.1796 of 2021 and 2467

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of 2022 are allowed-in-part .

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iii. The judgment and award passed by the Tribunal are modified to the extent stated hereinabove. The

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HC-KAR

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claimants in Miscellaneous First Appeal No.1796 of 2021 are entitled to enhanced compensation of Rs. 10,67,200/- with interest at the rate of 6% per annum from the date of filing the claim petition till the date of realisation. The claimants in Miscellaneous First Appeal No.2467 of 2022 are entitled to enhanced compensation of Rs. 7,31,364/- with interest at the rate of 6% per annum from the date of filing the claim petition till the date of realisation.

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iv. The Karnataka State Road Transport Corporation is directed to deposit the enhanced compensation together with interest within six weeks' from the date of receipt of a copy of this judgment.

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