The Manager Vs Smt. Vasantha

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.03.2019, PASSED IN MVC NO.1250/2014, ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT AND JMFC., HASSAN, AWARDING COMPENSATION OF RS.31,81,750/WITH INTEREST 8% P.A., FROM THE DATE PETITION TILL REALIZATION.

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THIS MFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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HC-KAR

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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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Heard learned counsel for the appellant and learned counsel for the respondents.

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The appellant - Corporation has filed this appeal challenging the judgment and award dated 19.03.2019 passed by the learned II Additional Senior Civil Judge, MACT, Hassan, whereby the Tribunal awarded total compensation of Rs.31,81,750/- with interest at the rate of 8% per annum from the date of petition till the date of its realization.

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For the sake of convenience, the parties are referred

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to as per their rankings before the Tribunal.

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Brief facts of the case are that, on 26.06.2014, the deceased Sri Raghu H.D met with an accident while he was riding his motor bike bearing Reg.No.KA-12-K-5427

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HC-KAR

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near Jinneahalli around 12.30 pm. At that time, the said KSRTC bus bearing Reg.No.KA-19-F-2414 is allegedly dashed against the deceased H.D.Raghu resulting in fatal injuries thereafter he succumbed to the injuries and died at the spot.

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Sri Gowthamdev C. Ullal, learned counsel for the appellant - Corporation contended that the Tribunal has awarded a total compensation of Rs.31,81,750/- with interest at 8% p.a. which is an excessive and exorbitant one.

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Further, the Tribunal considered the monthly income of the deceased at Rs.11,150/-, by deducting 1/4^th towards his personal expenses and by applying multiplier of '15', awarded a huge compensation.

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Further, the deceased was an Ex-Army; the Tribunal ought to have considered the notional income for the accident of the year 2014.

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HC-KAR

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Thirdly, the Tribunal has awarded an excessive interest at the rate of 8% on the total compensation and the same may be reduced to 6%. Thus, he prays to allow the appeal.

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Per contra , Sri Chethan.B, learned counsel for the respondents-claimants supports the impugned judgment and award of the Tribunal and submits that, considering the oral and documentary evidence on record, the Tribunal has granted just and reasonable compensation under each head which does not call for any interference by the hands of this Court. Thus, he prays to dismiss the appeal.

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Having heard the learned counsel for the appellantCorporation and learned counsel for the respondentsclaimants, the point that would arise for our consideration in the appeal is:

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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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HC-KAR

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In the instant appeal, the appellant - Corporation has not disputed the accident in question, the cause of death of the deceased and the liability to pay compensation to the claimants.

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Insofar as the quantum of compensation is considered, the Tribunal has considered the income of the deceased at Rs.11,150/- per month based on the oral and documentary evidence produced at Ex.P-9, the Pension statement cum Bank statement.

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As on the date of the accident, the deceased was aged about 39 years old and he was an Ex-Army man and was drawing pension amount of Rs.11,150/- per month. Therefore, the Tribunal has rightly assessed the monthly income of the deceased at Rs.11,150/-. Hence, no interference is called for in that regard.

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Insofar as the conventional heads are concerned, the Tribunal has granted only Rs.40,000/- towards 'loss of consortium', a sum of Rs.15,000/- towards 'loss of estate'

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HC-KAR

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and Rs.15,000/- towards 'funeral expenses', hence, no interference is called for in that regard.

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Insofar as the interest is concerned, the Tribunal without any material evidence available on record, has granted interest at 8% per annum which is an excessive and exorbitant one. Hence, we are reducing the interest

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from 8% to 6% in terms of Section 34 of the Civil Procedure Code (CPC), 1908.

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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. The appeal is allowed-in-part .

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ii. The judgment and award passed by the Tribunal is hereby confirmed however the interest imposed/granted by the Tribunal at 8% is reduced to 6% per annum.

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iii. The claimants-respondents are entitled for total compensation with interest at the rate of 6% p.a.

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iv. The appellant-Corporation is directed to deposit the entire compensation amount together with accrued interest before the Tribunal within a period of six

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