Bangalore District Court
In: 1. Smt. Parvathamma vs In: 1. The New India Assurance Co. Ltd on 1 February, 2016
BEFORE THE COURT OF XXI ADDITIONAL SMALL CAUSES
JUDGE AND THE MOTOR ACCIDENT CLAIMS TRIBUNAL
(SCCH-23) AT BENGALURU
DATED THIS THE 1st DAY OF FEBRUARY 2016
PRESENT: Smt. M.Rashmi, LLB, LLM.,
XXI ADDL. SCJ & XIX ACMM
MEMBER - MACT
BANGALORE
M.V.C No.1524 c/w 1525 of 2015
PETITIONER IN: 1. Smt. Parvathamma,
MVC No.1524/2015 W/o Jnanamurthy.C,
Aged about 38 years.
2. Sri. Jnanamurthy.C,
S/o Chikkaveerachar,
Aged about 45 years.
Both are R/at No.841/1,
Near Ammannamma Temple Street,
Begur, Bangalore South,
Bangalore - 560068.
(By Sri. Harish.S.M, Advocate)
PETITIONER IN: 1. Smt. Yashodha,
MVC No.1525/2015 W/o Hanumanthappa,
Aged about 38 years.
2. Avinash.H,
S/o Hanumanthappa,
Aged about 15 years.
The petitioner No.2 is a minor,
2 MVC.No.1524 c/w 1525 of 2015
SCCH-23
Represented his mother and
Natural guardian
Smt.Yashodha,
W/o Hanumanthappa.
Both are R/at No.605, Jog Street,
Begur, Bangalore South,
Bangalore - 560068.
(By Sri. Harish.S.M, Advocate)
Vs.
RESPONDENTS IN: 1. The New India Assurance Co. Ltd.,
BOTH CASES By its Manager,
DO-XI, 4th Floor, Tower Block,
Unity Buildings, J.C.Road,
Bangalore - 560002.
In surer of the KSRTC
Bus No.KA-57-F-220
Policy No.67210031130100003364
Valid from 30.03.2014 to 29.03.2015.
(By Sri G.S.Marulaiah, Advocate)
2. The Managing Director,
KSRTC,
Saarige Bhavan,
Double Road,
Shanthinagar,
Bangalore - 560027.
Owner of the KSRTC
bus No.KA-57-F-220,
(By Sri Mahadevaiah, Advocate)
****
3 MVC.No.1524 c/w 1525 of 2015
SCCH-23
JUDGMENT
The petitions in MVC 1524/2015 c/w MVC 1525/2015 are filed under Section 166 of Motor Vehicles Act, 1989, seeking compensation of Rs.20,00,000/- from the respondents respectively.
2. It is the case of petitioner in MVC 1524/2015 that on 12.02.2015 at about 6.30 p.m., the deceased Chethan.J. was riding the motor cycle bearing reg. No. KA-51-EM-4162 and deceased Manoj was a pillion rider they were going on NH-66, near Madanageri Gokarna Cross, at that time one KSRTC Bus bearing Reg.No.KA-57-F-220 was came from Kumata towards Ankola, in an opposite direction at a high speed, came on his extreme right side and in a rash and negligent manner and dashed to the motor cycle bearing reg. No.KA-51-EM-4162. As a result of which rider and pillion rider fell down and sustained sever head injuries and other grievous injuries to all over the body. Immediately after the accident they were shifted to Arya Hospital, Ankola during the treatment Chethan.J was died. After post 4 MVC.No.1524 c/w 1525 of 2015 SCCH-23 mortem at Ankola Hospital dead body was handed over to the petitioners. The petitioner have performed the last rites and rituals and they have spent a sum of Rs.1,00,000/- towards medical expenses, transportation of dead body funeral expenses and other religious obsequies.
3. The deceased Chethan.J. was hale and healthy aged about 20 years and working as a Executive Team Leader Operations Under Serco Global Services, Serco BPO Ltd., and he was earning of Rs.10,000/- plus over time salary of Rs.5,000/- totally of Rs.15,000/- per month. The petitioners have lost their love and affection, unhappiness, dependency, loss of estate, consortium, and grate financial loss.
4. In MVC 1525/2015 it is the case of petitioner that on 12.02.2015 at about 6.30 p.m., the deceased Manoj.H was pillion rider of the motor cycle bearing reg. No. KA-51-EM-4162 which was Chethan was riding the motor cycle on NH-66, near Madanageri Gokarna Cross, at that time one KSRTC Bus bearing reg.No.KA-57-F220 was came from Kumata towards Ankola, in an 5 MVC.No.1524 c/w 1525 of 2015 SCCH-23 opposite direction at a high speed and he came on his extreme right side and in a rash and negligent manner and dashed to the motor cycle bearing reg. No.KA-51-EM-4162. As a result of which rider and pillion rider fell down and sustained sever head injury and other grievous injuries all over the body. Immediately after the accident they were shifted to Arya Hospital, Ankola during the treatment Manoj died. After post mortem dead body was handed over to the petitioners. The petitioner have performed the deceased last rites and rituals and they have spent a sum of Rs.1,00,000/- towards medical expenses, transportation of dead body funeral expenses and other religious obsequies.
5. The deceased Manoj was hale and healthy, aged about 20 years and working as a Security Guard, under G4 Security Agency Ltd., and he was working two shifts as overtime duty and he was earning of Rs.15,000/- per month. The petitioners have lost their love and affection, unhappiness, dependency, loss of estate, consortium, and grate financial loss. The respondent No.1 being the Insurance Company and 2nd 6 MVC.No.1524 c/w 1525 of 2015 SCCH-23 respondent being the R.C. owner of the vehicle both the respondents are jointly and severally liable to pay the compensation. Hence these petitions seeking compensation of Rs.20,00,000/- each.
6. The 1st respondent has filed the objection stating that the liability of respondent if any is subject to the terms and conditions of the IMV act. The 2nd has failed and neglected to perform the statutory obligation to seek indemnification. As such 2nd respondent is not entitled to indemnification. The accident was caused due to the negligence on the part of the rider of motor cycle who dashed against the KSRTC bus. Hence the contributory negligence which exceeds 50%. The petitioners are entitled for the compensation as prayed by them. Hence the petition be dismissed.
7. The 2nd respondent has filed detailed objection denying the allegations made by the petitioner. It is stated that the driver of the KSRTC bus was not responsible for the accident. He shifted the injured to Arya Hospital, Ankola where the rider and 7 MVC.No.1524 c/w 1525 of 2015 SCCH-23 pillion rider died due to the rash and negligent riding of the motor cycle. The petition is non-joinder of necessary parties i.e., the owner and the insurance company. The respondent authority has paid Rs.15,000/- as interim compensation to the legal heirs of deceased. Hence the petition be dismissed.
8. Heard.
9. On the basis of the above pleading this tribunal has framed the following issues:
In MVC 1524 of 2015
1. Whether the petitioners prove that the death of Chethan.J in the accident was due to the rash and negligent driving by the driver of the KSRTC bus bearing Reg. No. KA-51-EM-5162 that took place NH-66, Madanageri Ankola, on 12.02.2015 at about 6:30 p.m.?
2. Whether the petitioners are entitled for compensation? If so, how much and from whom?
3. What Order?
In MVC 1525 of 2015
1. Whether the petitioners prove that the death of 8 MVC.No.1524 c/w 1525 of 2015 SCCH-23 Manoj.H in the accident was due to the rash and negligent driving by the driver of the KSRTC bus bearing Reg.No. KA-51-EM-5162 that took place NH-66, Madanageri Ankola, on 12.02.2015 at about 6:30 p.m.?
2. Whether the petitioners are entitled for compensation? If so, how much and from whom?
3. What Order?
10. On the basis of materials available on record my finding on the above issues are as under:
Issue No.1 in both the cases: Affirmative Issue No.2 in both the cases: Partly Affirmative Issue No.3 in both the cases: As per final order for the following:
REASONS
11. Issue No.1 in both the cases: It is the case of petitioner in MVC 1524/2015 that on 12.02.2015 at about 6.30 p.m., the deceased Chethan.J. was riding the motor cycle bearing reg. No. KA-51-EM-4162 and deceased Manoj was a 9 MVC.No.1524 c/w 1525 of 2015 SCCH-23 pillion rider they were going on NH-66, near Madanageri Gokarna Cross, at that time one KSRTC Bus bearing Reg.No.KA-57-F-220 was came from Kumata towards Ankola, in an opposite direction at a high speed, came on his extreme right side and in a rash and negligent manner and dashed to the motor cycle bearing reg. No.KA-51-EM-4162. As a result of which rider and pillion rider fell down and sustained sever head injuries and other grievous injuries to all over the body. Immediately after the accident they were shifted to Arya Hospital, Ankola during the treatment Chethan.J was died. After post mortem at Ankola Hospital dead body was handed over to the petitioners. The petitioner have performed the last rites and rituals and they have spent a sum of Rs.1,00,000/- towards medical expenses, transportation of dead body funeral expenses and other religious obsequies.
12. The deceased Chethan.J. was hale and healthy aged about 20 years and working as a Executive Team Leader Operations Under Serco Global Services, Serco BPO Ltd., and he was earning of Rs.10,000/- plus over time salary of Rs.5,000/- 10 MVC.No.1524 c/w 1525 of 2015
SCCH-23 totally of Rs.15,000/- per month. The petitioners have lost their love and affection, unhappiness, dependency, loss of estate, consortium, and grate financial loss.
13. In MVC 1525/2015 it is the case of petitioner that on 12.02.2015 at about 6.30 p.m., the deceased Manoj.H was pillion rider of the motor cycle bearing reg. No. KA-51-EM-4162 which was Chethan was riding the motor cycle on NH-66, near Madanageri Gokarna Cross, at that time one KSRTC Bus bearing reg.No.KA-57-F220 was came from Kumata towards Ankola, in an opposite direction at a high speed and he came on his extreme right side and in a rash and negligent manner and dashed to the motor cycle bearing reg. No.KA-51-EM-4162. As a result of which rider and pillion rider fell down and sustained sever head injury and other grievous injuries all over the body. Immediately after the accident they were shifted to Arya Hospital, Ankola during the treatment Manoj died. After post mortem dead body was handed over to the petitioners. The petitioner have performed the deceased last rites and rituals and they have spent a sum of 11 MVC.No.1524 c/w 1525 of 2015 SCCH-23 Rs.1,00,000/- towards medical expenses, transportation of dead body funeral expenses and other religious obsequies.
14. The deceased Manoj was hale and healthy, aged about 20 years and working as a Security Guard, under G4 Security Agency Ltd., and he was working two shifts as overtime duty and he was earning of Rs.15,000/- per month. The petitioners have lost their love and affection, unhappiness, dependency, loss of estate, consortium, and grate financial loss. The respondent No.1 being the Insurance Company and 2nd respondent being the R.C. owner of the vehicle both the respondents are jointly and severally liable to pay the compensation. Hence these petitions seeking compensation of Rs.20,00,000/- each.
15. On the other hand the 1st respondent has contended that the liability of respondent if any is subject to the terms and conditions of the IMV act. The 2nd has failed and neglected to perform the statutory obligation to seek indemnification. As such 12 MVC.No.1524 c/w 1525 of 2015 SCCH-23 2nd respondent is not entitled to indemnification. The accident was caused due to the negligence on the part of the rider of motor cycle who dashed against the KSRTC bus. Hence the contributory negligence which exceeds 50%. The petitioners are entitled for the compensation as prayed by them. Hence the petition be dismissed.
16. The 2nd respondent has contended that the accident had not occurred due to rash and negligent driving of the driver of the KSRTC bus who was not responsible for the accident. He shifted the injured to Arya Hospital, Ankola where the rider and pillion rider died due to the rash and negligent riding of the motor cycle. The petition is bad for non-joinder of necessary parties i.e., the owner and the insurance company. The respondent authority has paid Rs.15,000/- as interim compensation to the legal heirs of deceased. Hence the petition be dismissed.
17. In support of the case petitioner in MVC 1524/2015 has got herself examined as PW-1. In her affidavit filed in lieu of hers examination chief she has reiterated the facts stated in the 13 MVC.No.1524 c/w 1525 of 2015 SCCH-23 petition. She has got marked 15 documents namely FIR with complaint, FIR with complaint, mahazar, sketch, inquest report, PM report, IMV report, charge sheet, notarized copy of SSLC marks card of deceased, notarized copy of TC, notarized copy of ration card, notarized copy of voter identity card and adhaar card of 2nd petitioner, notarized copy of adhaar card of PW-1, notarized copy of employment identity card, notarized copy of appointment order, Pay slips. Further In MVC 1525/2015 the 1st petitioner has got herself examined as PW-2. In her affidavit filed in lieu of her examination chief she has reiterated the facts stated in the petition. She has furnished the following documents namely inquest report, PM report, notarized copy of adhaar card of deceased, notarized copy of SSLC and PUC marks card of deceased, notarized copy of TC, notarized copy of study certificate, original NSS certificate, 2 sports certificates, notarized copy of RC of the deceased, notarized copy of DL of deceased, notarized copy of ration card, notarized copy of voter identity card of petitioner No.1, employment order, acknowledgement for receipt of original documents, copy of voucher for issuing uniform. 14 MVC.No.1524 c/w 1525 of 2015
SCCH-23
18. Further one Kiran has been examined as PW-3. In his affidavit filed in lieu of his examination chief he has stated that on 12.02.2015 he was the pillion rider in motor cycle bearing No.KA-51-EM-4162 driven by his friend Sandeep and in front of them deceased Chethan.J and pillion rider Manoj.J were going on Motor cycle KA-51-EM-4162. Near Madangere - Gokarna Cross the driver of the KSRTC bus bearing No.KA-57-F-220 came at a high speed in a rash and negligent manner and dashed against the motor cycle bearing No.KA-51-EM-4162. Due to the accident the rider and the pillion rider died. He has furnished the notarized copy of ID card. In his cross-examination nothing has been elicited to establish that the accident was caused due to the rash and negligent driving of the deceased person.
19. On the other hand the driver of the KSRTC bus has been examined as RW-1/. In his affidavit filed in lieu of his examination chief he has stated that he has driving the KSRTC bus bearing No.KA-57-F-220 from Mangalore to Mumbai via Gokarna Cross carefully while observing traffic rules. Near 15 MVC.No.1524 c/w 1525 of 2015 SCCH-23 Gokarna Cross the rider and the pillion rider of the motor cycle bearing No.KA-51-EM-4162 came in a rash and negligent manner against the traffic rules and dashed against their bus causing the accident. The petitioner in collusion with the police authority has registered a false case against him. He has furnished his driving licence, RC, insurance policy, fitness certificate, letter issued by the KSRTC department. In the cross-examination he has denied the suggestion that the accident was caused due to his rash and negligent driving.
20. On considering the oral and documentary evidence placed before the tribunal it is observed that after completion of investigation the Investigating Officer has filed the charge sheet against the driver of the bus bearing No. KA-57-F-220. Further in the cross-examination of PW-3 who is the eye witness nothing has been elicited establish that the accident was caused due to the negligence of the rider of the motor cycle. As such from the evidence placed before the court it can be safely said that the accident had occurred due to the rash and negligent driving of the 16 MVC.No.1524 c/w 1525 of 2015 SCCH-23 driver of the KSRTC bus bearing No. KA-57-F-220. Accordingly Issue No.1 is answered in both cases Affirmative.
21. Issue No.2 in both the cases: The petitioners in MVC 1524/2015 and MVC 1525/2015 have claimed compensation of Rs.20,00,000/- each.
22. In MVC 1524/2015 which is filed by the mother of the deceased Chethan.J who was riding the motor cycle bearing No.KA-51-EM-4162 on 12.02.2015. The mother who is the 1st petitioner herein as discussed supra has got herself examined as PW-1 she has stated that her son was working as Executive team leader - Operations, under Serco Global Services, Serco BPO Ltd., No.112, AKR Tech Park, Krishna Reddy Industrial Area, 7th Mina, Bommanahalli, Koodlu Gate, Bangalore - 68. He was earning Rs.10,000/- plus over time salary of Rs.5,000/- and his total monthly income was Rs.15,000/- p.m. At the time of the accident he was hale and healthy aged about 20 eyras. Due to his death they have his lost love and affection, it has caused 17 MVC.No.1524 c/w 1525 of 2015 SCCH-23 unhappiness, loss of dependency, loss of estate, consortium, great financial loss.
23. The employer of Chethan.J by name Shekar Kumar has been examined as PW-4. In his affidavit filed in lieu of his examination chief he has stated that Mr.Chethan.J. was an employee in their company. He has joined job on 18.04.2013, his employment code was IND0080715, his designation Customer Service - Voice. On 06.08.2014 he was promoted to the level M02 as team leader - operations and he was earning Rs.10,000/- p.m, plus overtime salary of Rs.5,000/- totally Rs.15,000/- p.m. He had potential, higher responsibility and was a skilled worker and if he was alive he would have got promoted to senior team leader and would have got salary of Rs.18,000/- p.m. He has furnished his ID card, letter of authorization. In his cross- examination he denies the suggestions that deceased was not getting a salary of Rs.15,000/-. He denies the suggestion that the deceased had left their company before his death. 18 MVC.No.1524 c/w 1525 of 2015
SCCH-23
24. On considering the evidence of PW-1 and PW-4 alongwith the documents placed before the court it is observed that as per the 10th Marks card of deceased Chethan.J he was born on 17.04.1995 i.e., as on the date of the accident on 12.02.2015 he was about 20 years of age. From Ex.P-10 i.e., the ration card it is evident that the 1st and 2nd petitioner are the mother and the father of deceased Chethan.J. On perusal of the salary certificate Ex.P-14 for the month of August 2014 wherein his monthly total income was Rs.10,000/- and take home salary was Rs.8,354/-. As per Ex.P-15 which is the pay slip for the month of August 2015 his net pay was Rs.8,355/-. Taking into consideration the total monthly salary without a deductions it can be said that the deceased was earning Rs.10,000/- at the time of the accident. Even though PW-3 has stated that he was alive he would have got promotion and his monthly salary would have been Rs.18,000/-. But in support of the same no documentary evidence is placed before the tribunal. Even otherwise this tribunal has to consider the last pay drawn by the deceased when 19 MVC.No.1524 c/w 1525 of 2015 SCCH-23 he was hale and healthy. As such the income of the deceased Chethan.J is taken as Rs.10,000/- p.m.
25. As per the decision reported in (2013) 9 SCC 54 Rajesh and others V/s Rajbir Singh and others wherein it is observed "that in case of self employed persons with fixed wages the actual income of the deceased must be enhanced for purpose of computation of compensation (i) 50% where his age was below 40 years (ii) by 30% where he belonged to age group of 40 to 50 years (iii) by 15% where he was between age group of 50 to 60 years - However no such addition/enhancement permissible where deceased exceeded the age of 60 years''. In the present case the deceased is aged 20 years. As such 50% of his income must be enhanced i.e., Rs.10,000/- + Rs.5,000/-.
26. In the present case the deceased is a bachelor, aged 20 years. Even though the father who is 2nd petitioner has claimed compensation. But he has not placed any evidence before the tribunal to show that he had not source of income and was dependent upon his deceased son. As such the 2nd 20 MVC.No.1524 c/w 1525 of 2015 SCCH-23 petitioner is not entitled for any compensation. As discussed supra the deceased was a bachelor. Hence 50% of his income is deducted towards his personal and living expenses i.e., 15,000 - 7,500/- = Rs.7,500/-. The deceased was 20 years of age , as per Sarala Varma V/s Delhi Transport and another reported in Civil Appeal No.3483/2008 multiplier '18' is applicable. As such the loss of dependency is Rs.16,20,000/- (7,500 X 12 X 18 ). Hence Rs.16,20,000/- is awarded under the head "loss of dependency".
27. In addition, even though no documentary evidence is placed before court, this tribunal considered that the petitioners are entitled to a sum of Rs.25,000/- under the "funeral and transport expenses" and Rs.25,000/- towards loss of love and affection.
28. On the other hand in MVC 1525/2015 as discussed supra the petitioner is the mother of the deceased person by name Manoj.H who was the pillion rider of the motor cycle bearing No.KA-51-EM-4162. She has stated that as on the date of the accident deceased Manoj was working as security guard under G- 21 MVC.No.1524 c/w 1525 of 2015
SCCH-23 4 Security Agency Ltd., and was earning Rs.15,000/- p.m, he was aged 20 years. Due to his death she and her minor son by name Avinash.H have lost love and affection, dependency, loss of estate, consortium. Further in the evidence of PW-3 he has stated that he is working as security guard under G-4 Security Agency Ltd., and deceased Manoj was working alongwith him. They are working in 2 shifts as overtime duty. The deceased Manoj was earning Rs.15,000/- p.m, and was hale and healthy.
29. On considering the SSLC marks card, Aadhar card (Ex.P-18, Ex.P-19) it can be safely said that as on the date of the accident the deceased Manoj.H was aged 20 years. Further on perusal of Es.P-26 i.e., the ration card wherein it is mentioned that deceased Manoj.H and Avinash.H are the sons of the 1st petitioner by name Yashoda. She has furnished the employment order wherein the total salary as on 09.02.2015 is shown as Rs.6,666/-. But no document is placed before the tribunal to show that the deceased Manoj.H was earning Rs.15,000/-p.m, as on 22 MVC.No.1524 c/w 1525 of 2015 SCCH-23 the date of the accident i.e., on 12.02.2015. Hence as per Ex.P- 28 the monthly salary of the deceased is taken as R.6,666/-p.m.
30. As per the decision reported in (2013) 9 SCC 54 Rajesh and others V/s Rajbir Singh and others wherein it is observed "that in case of self employed persons with fixed wages the actual income of the deceased must be enhanced for purpose of computation of compensation (i) 50% where his age was below 40 years (ii) by 30% where he belonged to age group of 40 to 50 years (iii) by 15% where he was between age group of 50 to 60 years - However no such addition/enhancement permissible where deceased exceeded the age of 60 years''. In the present case the deceased is aged 20 years. As such 50% of his income must be enhanced i.e., Rs.6,666/- + Rs.3,333/- i.e., Rs.9,999/-.
31. In the present case the deceased is a bachelor, aged 20 years. Hence 50% of his income is deducted towards his personal and living expenses. As the deceased was 20 years of age, as per Sarala Varma V/s Delhi Transport and another reported in Civil Appeal No.3483/2008 multiplier '18' is applicable. 23 MVC.No.1524 c/w 1525 of 2015
SCCH-23 As such the loss of dependency is Rs.10,79,892/- (9,999 X 50% X 12 X 18 ) which is rounded up as Rs.10,79,900/-. Hence Rs.10,79,900/- is awarded under the head "loss of dependency"
to the 1st and 2nd petitioner.
32. Further, the petitioners would spent considerable amount to transport and funeral expenses. In the present case even though no document is placed to show the expenses. But this tribunal is of the considered view that it is just and proper to award Rs.25,000/- under the head "funeral and transport expenses".
33. The 1st petitioner being the mother and 2nd petitioner being the younger brother who is a minor have lost the love and affection of the deceased person. Hence this tribunal is of the considered view that it is just and proper to award Rs.25,000/- under the head loss of love and affection.
34. Taking into consideration the nature of injury, pain and suffering underwent expenses incurred for medical treatment, 24 MVC.No.1524 c/w 1525 of 2015 SCCH-23 conveyance, nourishment, loss of amenities suffered by the petitioners in MVC 1524/2015 and 1525/2015 I deemed fit to award compensation under the conventional head:- Particulars MVC 1524/2015 MVC 1525/2015
1 Loss of Rs.16,20,000/- Rs. 10,79,900/-.
dependency Loss of love and Rs.25,000/- Rs.25,000/-
2 affection
Funeral Rs.25,000/- Rs.25,000/-
3 expenses
Total Rs.16,70,000/- Rs.11,29,900/-
Therefore the 1st petitioner in MVC 1524/2015 is entitled to receive compensation of Rs.16,70,000/- and petitioners in MVC 1525/2015 are entitled to receive compensation of Rs.11,29,900/- with interest at the rate of 6% p.a. from the date of petition till the date of realization.
35. As discussed supra the accident was caused due to rash and negligence of the driver of KSRTC bus. The 1st respondent being the insurer of the bus has failed to prove that the accident was caused due to the rash and negligence of the 25 MVC.No.1524 c/w 1525 of 2015 SCCH-23 rider of the motor cycle. As such, this tribunal is of the considered view that in respondents No.1 & 2 are jointly and severally liable to pay the compensation to the petitioners in both the cases. The 1st respondent shall indemnify the insured. Accordingly issue No.2 is answered in both the cases Partly Affirmative .
36. Issue No.3 in both the cases - In view of the discussion made supra, I proceed to pass the following :
ORDER The claim petitions U/Sec., 166 of Motor Vehicles Act filed by the petitioners are hereby allowed in part with cost.
The 1st petitioner in MVC 1524/2015 is awarded total compensation of Rs.16,70,000/- with interest at the rate of 6% p.a. from the date of petition till the deposit of the amount in the tribunal.
The petitioners in MVC 1525/2015 are awarded total compensation of Rs.11,29,900/- with interest at the rate of 6% p.a. from the date of petition till the deposit of the amount in the tribunal.26 MVC.No.1524 c/w 1525 of 2015
SCCH-23 Respondent Nos.1 & 2 are jointly and severally to pay compensation to the petitioner.
Respondent No.1 shall deposit the compensation amount in MVC 1524/2015 and 1525/2015 in the tribunal within the 30 days from the date of this order.
Out of the compensation in MVC 1524/2015, 50% of the compensation amount shall be kept in fixed deposit in any of the Nationalised Bank or Scheduled Bank for a period of three years free from encumbrance with liberty to draw the accrued periodical interest. The remaining amount with interest shall be disbursed to the 1st petitioner in MVC 1524/2015.
Out of the compensation in MVC 1525/2015, 10% of the compensation amount shall be kept in fixed deposit in the name of 2nd petitioner any of the Nationalised Bank or Scheduled Bank till he attains majority with 1st petitioner his natural guardian. Out of the remaining amount 50% shall be kept in the fixed deposit in any of the Nationalised Bank or Scheduled Bank for a period of three years free from encumbrance with liberty to draw the accrued periodical interest. The remaining 40% amount with interest shall be disbursed to the 1st petitioner in MVC 1525/2015.27 MVC.No.1524 c/w 1525 of 2015
SCCH-23 Advocate fee is fixed at Rs.1000/-
Draw award accordingly.
(Dictated to the stenographer, transcript thereof is corrected and then pronounced by me in the Open Court on this the 1st day of February 2016) (M.RASHMI) XXI ADDL. SMALL CAUSES JUDGE ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PETITIONERS IN BOTH THE CASES PW-1: Smt. Parvathamma PW-2: Smt. Yashodha PW-3: Kiran PW-4: Shekar Kumar LIST OF DOCUMENTS MARKED ON BEHALF OF THE PETITIONERS IN BOTH THE CASES Ex.P-1: FIR with complaint Ex.P-2: Mahazar Ex.P-3: Sketch Ex.P-4: Inquest report Ex.P-5: PM report Ex.P-6: IMV report Ex.P-7: Charge sheet 28 MVC.No.1524 c/w 1525 of 2015 SCCH-23 Ex.P-8: NC of SSLC marks card of deceased Ex.P-9: NC of TC Ex.P-10: NC of ration card Ex.P-11: NC of voter identity card and adhaar card of 2nd petitioner Ex.P-12: NC of adhaar card of PW-1 Ex.P-13: NC of employment identity card Ex.P-14: NC of appointment order Ex.P-15: Pay slips Ex.P-16: Inquest report Ex.P-17: PM report Ex.P-18: NC of adhaar card of deceased Ex.P-19: NC of SSLC and PUC marks card of deceased Ex.P-20: NC of TC Ex.P-21: NC of study certificate Ex.P-22: Original NSS Certificate Ex.P-23: Sports certificate Ex.P-24: NC of RC of deceased Ex.P-25: NC of DL of deceased Ex.P-26: NC of ration card Ex.P-27: NC of voter identity card of petitioner No.1 Ex.P-28: Employment order Ex.P-29: Acknowledgement for receipt of original documents Ex.P-30: Copy of voucher for issuing uniform Ex.P-31: NC of PW-3 identity card 29 MVC.No.1524 c/w 1525 of 2015 SCCH-23 Ex.P-32: NC of PW-4 identity card Ex.P-33: Authorization letter LIST OF WITNESSES EXAMINED ON BEHALF OF THE RESPONDENTS IN BOTH THE CASES RW-1: Klipard D'Souza LIST OF DOCUMENTS MARKED ON BEHALF OF THE RESPONDENTS IN BOTH THE CASES Ex.R-1: Driving licence Ex.R-2: RC Ex.R-3: Insurance policy Ex.R-4: Fitness certificate Ex.R-5: Letter of KSRTC Department (M.RASHMI) XXI ADDL. SMALL CAUSES JUDGE