Smt. Padma Bohara Vs the Managing Director

ROOPA DEVI BOHARA D/O PREM BHADUR @ BHEEM SINGH BOHARA AGED ABOUT 17 YEARS, (SINCE APPELLATN NO.3 IS MINOR REPTD. BY MOTHER AND NATURAL GUARDIAN SMT.PADMA BOHARA)

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ALL ARE R/AT NO.65, II FLOOR, DR.RAJKUMAR ROAD, AGARA, SARJAPURA ROAD, BANGALORE - 102, NO.2392, 24TH MAIN ROAD,

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NC: 2026:KHC:33430 MFA No. 8527 of 2014 C/W MFA No. 8213 of 2014

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2 -

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HC-KAR

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15TH B CROSS, HSR LAYOUT, 1ST STAGE, BANGALORE.

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…APPELLANTS

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(BY SRI. SHRIPAD V. SHASTRI, ADVOCATE)

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AND:

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THE MANAGING DIRECTOR BMTC, CENTRAL OFFICE, KH ROAD/DOUBLE ROAD, SHANTHINAGAR, BANGALORE - 27.

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…RESPONDENT

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

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.08.2014 PASSED IN MVC NO.4667/2013 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-4, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 8213/2014

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BETWEEN:

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BANGALORE METROPOLITAN TRANSPORT CORPORATION K.H. ROAD, DOUBLE ROAD SHANTHINAGAR BANGALORE - 560 027 BY ITS MANAGING DIRECTOR REPRESENTED BY ITS BY ITS CHIEF LAW OFFICER

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...APPELLANT

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

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3 - NC: 2026:KHC:33430 MFA No. 8527 of 2014 C/W MFA No. 8213 of 2014

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HC-KAR

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AND:

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PADMA BOHARA W/O PREM BAHADUR @ BHEEMA SINGH BOHARA AGED ABOUT 46 YEARS

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LALITH BOHARA S/O PREM BAHADUR @ BHEEM SINGH BOHARA AGED ABOUT 22 YEARS

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ROOPA DEVI BOHARA D/O PREM BAHADUR @ BHEEM SINGH BOHARA AGED ABOUT 17 YEARS

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RESP NO.3 IS MINOR REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN RESPONDENT NO.1 ALL RESIDING AT NO.65, II FLOOR DR. RAJKUMAR RAOD AGARA, SARJAPURA ROAD BANGALORE 102, NO.2392 24TH MAIN ROAD, 15TH B CROSS HSR LAYOUT, I STAGE BANGALORE - 560 102.

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...RESPONDENTS

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(BY SRI. SHRIPAD V. SHASTRI, ADVOCATE FOR R1, R2 AND R3)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.08.2014 PASSED IN MVC NO.4667/2013 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, MEMBER, MACT-4, COURT OF SMALL

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4 - NC: 2026:KHC:33430 MFA No. 8527 of 2014 C/W MFA No. 8213 of 2014

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HC-KAR

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CAUSES, BANGALORE, AWARDING COMPENSATION OF Rs.8,40,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL DEPOSIT.

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THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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MFA No.8527/2014 is filed by claimants for enhancement of compensation and MFA No.8213/2014 is filed by the Insurance Company disputing the quantum under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 26.08.2014 passed in MVC Nos. 4667 and 4668 of 2013 by the Court of XVIII Additional Judge, Court of Small Causes, Member, MACT-4, Bangalore (herein after referred to as 'Tribunal' for short).

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IN MFA NO.8527/2014

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The brief facts of the case are that one Naresh

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Bohara met with an accident on 03.07.2013 and died

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5 - NC: 2026:KHC:33430 MFA No. 8527 of 2014 C/W MFA No. 8213 of 2014

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HC-KAR

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subsequently. The mother, sister and brother of the deceased filed claim petition, claiming compensation of Rs.25,00,000/-. The Tribunal considered the entire evidence on record and granted an amount of Rs.8,40,000/- with interest at the rate of 6% per annum from the date of the petition till the date of deposit.

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Being aggrieved by the said order, they preferred an appeal and mainly contended that the deceased was aged 19 years at the time of the accident and studying second year PUC and his income ought to have been taken at the rate of Rs.10,000/- per month. The Tribunal could have granted more compensation under the conventional heads, as per the citation of the Hon'ble Supreme Court in Rajesh vs Razbir Singh¹ and thus requested for enhancement of the compensation.

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Heard the arguments of learned counsel for the respective parties.

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1 (2013) 9 SCC 54

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6 - NC: 2026:KHC:33430 MFA No. 8527 of 2014 C/W MFA No. 8213 of 2014

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HC-KAR

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Admittedly, the deceased was aged 19 years and studying at the time of the accident and met with an accident in the year 2013. Therefore, this Court finds that it is just and reasonable to take the notional income of Rs.8,000/- per month, as per the guidelines given by the Karnataka State Legal Services Authority. The deceased was aged 19 years and the relevant multiplier is '18'. He is also entitled for 40% towards future prospects as per the law laid down by the Hon'ble Supreme Court in the case of

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National Insurance Company Limited Vs. Pranay Sethi² and as he was a bachelor, 50% is to be deducted towards his personal expenses. Accordingly, the loss of dependency comes to Rs.12,09,600/-. (8,000 + 40% X 12 X 18 - 50%). The first petitioner is mother of the deceased and she is entitled for an amount of Rs.40,000/- towards loss of filial consortium and she is also entitled for an amount of Rs.30,000/- towards conventional heads.

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2 (2017) 16 SCC 680

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7 - NC: 2026:KHC:33430 MFA No. 8527 of 2014 C/W MFA No. 8213 of 2014

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HC-KAR

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Thus in all, compensation awarded by this Court

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is as below:

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Sl.Nos.	Particulars	Amount in Rs.
1	Towards loss of dependency	12,09,600/-
2	Towards filial consortium	40,000/-
3	Towards conventional heads	30,000/-
	Total	12,79,600/-

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Hence, the appellants-claimants are entitled for

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a total compensation of Rs.12,79,600 /- along with interest at the rate of 6% p.a.

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In the result, the following order is passed:

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ORDER

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i. Appeals are allowed in part.

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ii. The judgment and award dated 26.08.2014 passed in MVC Nos. 4667 and 4668 of 2013 by the Court of XVIII Additional Judge,

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HC-KAR

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Court of Small Causes, Member, MACT-4,

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Bangalore, is modified.

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iii. The claimant is entitled to a sum of Rs.12,79,600/- along with interest at 6% p.a., from the date of petition till the date

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of realization, instead of Rs.8,40,000/granted by the tribunal.

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iv. As the petitioner was only 19 years at the time of the accident, it cannot be said that second petitioner and third petitioners are dependent upon him and they are not entitled for any compensation.

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v. First petitioner is the mother and she is permitted to withdraw the entire amount along with interest accrued on it.

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IN MFA NO.8213/2014

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MFA 8213 of 2014 is filed by the Bangalore Metropolitan Transport Corporation. It is stated by the

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NC: 2026:KHC:33430 MFA No. 8527 of 2014 C/W MFA No. 8213 of 2014

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HC-KAR

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counsel of the appellant that in MFA 8214 of 2014, the corporation is liable to pay the compensation. Therefore, there is no cause of action survives in this aspect and

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accordingly, this appeal stands dismissed .

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The amount in deposit is to be transferred to MACT.

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Sd/(P SREE SUDHA) JUDGE

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HDK List No.: 1 Sl No.: 12

Smt. Padma Bohara v. the Managing Director

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Smt. Padma Bohara v. the Managing Director

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