Bangalore District Court
Keshava Murthy K vs Sudakara Reddy K on 8 October, 2024
SCCH 15 1 MVC No.6037/2023
KABC020278762023
BEFORE MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL,
BANGALORE CITY.
SCCH-15
Present : SMT. KUMARI SUJATHA
B.com.L.L.B.,
XIII Addl. Small Causes Judge,
ACJM, Court of Small Causes
& Member,MACT-15, Bengaluru.
MVC No.6037/2023
Dated : This the 8th day of October 2024
PETITIONER/S : 1. K. Keshava Murthy,
S/o Late Kodanda Naidu,
Aged about 52 years.
2. Smt. K. Nirmala,
W/o K. Keshava Murthy,
Aged about 50 years.
Both are residing at
No.295, 5th B Cross,
Maruthi Nagar, Bhadrappa Layout,
Nagashettyhalli,
RMV Extension, II Stage,
Bengaluru - 560 094.
(By Sri. N.M. Ananda, Adv.,)
SCCH 15 2 MVC No.6037/2023
V/S
RESPONDENT/S: Sri. K. Sudakara Reddy,
S/o K. Changala Reddy,
Aged about 60 years,
R/at No.28-23/2, Kotha Indlu,
Punganur Town,
Chithoor District,
Andra Pradesh - 517 247.
(RC owner of Canter bearing
Reg.No.AP-03-TG-1381)
(Exparte)
:JUDGMENT:
This Claim Petition is filed by the Petitioners against Respondents under Section 166 of the Motor Vehicles Act seeking Compensation of Rs.60,00,000/- for the death of their son Ashok K. S/o K. Keshava Murthy in a Road Traffic accident.
2. The substance of averments made in the Petition is as under:
That on 17.05.2023 at about 5.55 p.m., when the son of the Petitioners by name Ashok was riding his motorcycle bearing Reg.No.KA-04-KG-9460 and when he reached near Nacine SCCH 15 3 MVC No.6037/2023 Circle, HMT main road, Jalahalli, Bengaluru, at that time, one Canter bearing Reg.No.AP-03-TG-1381 which was driven by its driver came in a rash and negligent manner, endangering to human life and came extreme right side of the said road and dashed against the Ashok's motorcycle. Due to the impact, Ashok fell on the road and Canter was ran over the Ashok.
Immediately after the accident, Ashok was taken to People Tree Hospital, wherein, the duty doctors were examined the Ashok and declared as dead. Thereafter, Postmortem was conducted at M.S. Ramaiah Medical College and Hospital, Bengaluru and then body was handed over to the Petitioners.
The Petitioners had spent Rs.1,00,000/- towards transportation of dead body, funeral and other death related ceremonies.
3. Prior to the date of accident, the deceased was hale and healthy and he was working as a Mechanical Technician at Gallant Power Conversion Pvt. Ltd., and he was drawing a sum of Rs.30,000/- per month. The Petitioners were entirely depending upon the income of the deceased. Due to the death of SCCH 15 4 MVC No.6037/2023 Ashok, the Petitioners have lost their bread earner. The Respondent is the owner of the offending Canter bearing Reg.No.AP-03-TG-1381. Therefore, the Respondent is liable to pay compensation to the Petitioners.
4. In pursuance of service of Notice to the Respondent, he remained absent and he placed exparte.
5. Heard. Perused the Petition and the materials available on record. Now the point arises for the determination of this Court are as under :-
POINTS
1. Whether the Petitioners prove that their son Sri. Ashok K. S/o Keshava Murthy was died in the Road Traffic Accident that occurred on 17.05.2023 at about 5.55 p.m. near Nacine Circle, HMT main road, Jalahalli, Bengaluru, due to the rash and negligent driving of the Canter bearing Reg.No.AP-03-
TG-1381 by its driver ?
SCCH 15 5 MVC No.6037/2023
2) Whether the Petitioners further prove that they are the legal heirs of deceased Sri. Ashok K S/o Keshava Murthy?
3) Whether the Petitioners are entitled for the compensation as prayed for? If yes, what is the quantum and who is liable to pay ?
4) What Order or Award?
6. In order to prove the case of the Petitioners, the Petitioner No.1 got examined himself as PW.1 and got marked 20 documents at Ex.P.1 to 15 and 20 to 24. Further, PW.1 has examined one witness as PW.2 and got marked 4 documents at Ex.P16 to 19 and closed his side evidence. Since, the Respondent was placed exparte, there is no Respondent evidence.
7. Having heard the arguments and upon perusal of the depositions, documents exhibited and materials available on record, my answer to the above Points are as under:
Point No.1 : In the Affirmative Point No.2 : In the Affirmative SCCH 15 6 MVC No.6037/2023 Point No.3 : Partly in the Affirmative. Point No.4 : As per the Final Order for the following :
REASONS
8. Point No.1: It is the case of the Petitioners that their son Ashok S/o Keshava Murthy was died in the accident that occurred due to the rash and negligent driving of the driver of the Canter bearing Reg.No.AP-03-TG-1381.
9. In order to prove the case of the Petitioners, the Petitioner No.1 got examined himself as P.W.1 and got marked 20 documents at Ex.P.1 to Ex.P.15 and 20 to 24 and he has re- iterated the Petition averments in his Chief-affidavit. Ex.P.1 to 15 and 20 to 24 are the FIR, Complaint, Spot mahazar with Spot Sketch, IMV report, Inquest mahazar, PM report, Charge sheet, Aadhaar cards, DL of the deceased, ID card, School Transfer Certificate, Death Certificate, Certificate, Visitors pass, Bank Pass books of the deceased and Bank pass books of the Petitioners.
SCCH 15 7 MVC No.6037/2023
10. In order to prove the case of the Petitioners, PW1 has relied on Ex.P-1 to Ex.P15. Ex.P-1 and 2 are the True copies of FIR and Complaint which shows that on the Complaint lodged by the father of the deceased, the Jalahalli Traffic Police have registered the case against the driver of Canter bearing Reg.No.AP-03-TG-1381 for the offences punishable under Sections 279, 304(A) of IPC and under Sec.134(a&b) and 187 of IMV Act. Ex.P3 is the Spot mahazar with Spot Sketch which shows that the concerned police had drawn mahazar and sketch at the spot in the presence of panchas. Ex.P4 is the IMV report which shows that the accident does not occurred due to any mechanical defects of the vehicles. Ex.P5 is the Inquest mahazar of the deceased Ashok. Ex.P6 is the copy of PM report which shows the cause of death is due to multiple injuries sustained. Ex.P-7 is the true copy of the Charge-Sheet which shows that the I.O of Jalahalli Traffic Police Station has submitted Charge-sheet against the driver of the offending Canter for the offences punishable under Sections 279, 304(A) SCCH 15 8 MVC No.6037/2023 of IPC and U/s 134 (a&b), 187, 196, 66 and 192 of IMV Act.
11. Ex.P8 to 15 and 20 to 24 are the Aadhaar cards, DL of the deceased, ID card, School Transfer Certificate, Death Certificate, Certificate, Visitors pass, Bank Pass books of the deceased and Bank pass books of the Petitioners.
12. The Charge-Sheet is the material document which clearly shows that the I.O. has Charge sheeted the driver of the offending canter for the rash and negligent driving of the offending vehicle and the accident caused by him and due to the said accident, said Ashok was succumbed to the injuries. It is pertinent to note here that in spite of service of notice to the owner of the offending vehicle, he remained absent. Therefore, there is no rebuttal evidence. Further, the contents of Exhibits remained un-controverted. Having regard to the facts and circumstances of the case, this Tribunal is of the opinion that the Petitioners have proved the rash and negligent driving of the offending Canter bearing Reg.No.AP-03-TG-1381 by its driver SCCH 15 9 MVC No.6037/2023 and in the said accident their son was succumbed to the injuries. Accordingly, I answer Point No.1 is in the "Affirmative".
13. Point No.2 and 3: Both these points are taken together for common discussion as they are interlinked with each other and to avoid repetition of facts.
14. It is averred in the Petition that the Petitioner No.1 is the father of the deceased, Petitioner No.2 is the mother of the deceased Ashok. To prove their relationship with the deceased, PW.1 has produced Aadhaar cards of Petitioners and deceased at Ex.P.8 to 10 respectively. Upon going through the same, it clearly shows the relationship of the deceased Ashok with the Petitioners. Hence, the Petitioners have proved that they are the legal heirs of the deceased Ashok.
15. In the petition, the Petitioners have stated that deceased Ashok was working as a Mechanical Technician at Gallant Power Conversion Pvt. Ltd., and was drawing salary of SCCH 15 10 MVC No.6037/2023 Rs.30,000/- per month. In this regard PW.1 has examined one Harish, Store Incharge, Gallant Power Conversion Pvt. Ltd., as PW.2. PW.2 in his chief-examination has deposed that the deceased Ashok was working as a Mechanical Technician at Mechanical Department in their company from August 2022 to January 2023 and he left the job and again he was rejoined on 15.05.2023 and they offered the salary of Rs.30,000/- per month and previously he was drawing a salary of Rs.23,000/- per month and said Ashok has met with an accident on 17.05.2023. Further he got marked Authorization letter at Ex.P16 and Certified copies of Attendance Register, Pay slips and Certificate at Ex.P17 to 19. Upon going through the Certified copy of Attendance Register it shows the attendance of the deceased Ashok in the said company from 01.10.2022 to 14.01.2023. Thereafter, the Attendance Register was shown as rejoined from 15.05.2023 to 17.05.2023. Further Pay Slip of January 2023 i.e., the last Pay slip of the deceased shows the basic wage as Rs.5,710/-, HRA Rs.2,284/- and other SCCH 15 11 MVC No.6037/2023 allowances and conveyance allowances and total his salary as Rs.11,688/-. It is to be noted here that though the PW.2 has deposed that deceased Ashok was rejoined to their company for a salary of Rs.30,000/- per month, there is no document to show that Rs.30,000/- was offered to the deceased Ashok while he alleged to be rejoined in their company. The alleged accident was occurred on 17.05.2023. However, the Ex.P22 the Bank Pass book shows his last salary is Rs.10,689/- which was drawn on 09.10.2023. Since from February 2023 to till the date of accident there was no document to show the deceased Ashok had any other job. Though, he was alleged to be rejoined in the same company, there is no document to show that he was offered salary of Rs.30,000/- per month. In the absence of said document this tribunal is of the opinion that it is proper to take notional income of the deceased Ashok at Rs.16,000/- per month for the purpose of assessment of compensation.
16. Further, the Petitioners have stated the age of the deceased Ashok was 22 years at the time of the accident. In this SCCH 15 12 MVC No.6037/2023 regard Petitioners have produced Aadhaar card and DL of the deceased which marked at Ex.P.10 & 11. The said documents shows the date of birth of the deceased as 15.11.2000. The accident taken place on 17.05.2023. That means, as on the date of accident, the age of the deceased was 22 years, 6 month and 2 days. Hence, the age of the deceased, as on the date of accident was 23 years and the same is to be taken for consideration.
17. With this background, the quantum of compensation to which the Petitioners are entitled may be adjudicated. For the sake of convenience, discussion may be had under following heads :
I. COMPENSATION TOWARDS LOSS OF CONSORTIUM, COMPENSATION TOWARDS LOSS OF ESTATE, COMPENSATION TOWARDS FUNERAL EXPENSES:
18. The deceased has left behind him his parents. Hence, the Petitioners are considered as dependents. At this juncture, I SCCH 15 13 MVC No.6037/2023 would like to go through principles laid down in the decision reported in Special Leave Petition (Civil) No.25590/2014 (National Insurance Company Limited V/s Pranay Sethi and Others) wherein Hon'ble Apex Court has pleased to observed that : "Loss of estate has to be compensated by awarding Rupees 15,000/-, loss of consortium should be Rupees 40,000/- and funeral expenses should be Rupees 15,000/-". It is further observed that the aforesaid Judgment amount should be enhanced at the rate of 10% in every three years. The said Judgment was rendered on 30.10.2017. By applying the said observation made in the aforesaid case, since, more than 6 years lapsed from the date of Order, the consortium fixed in the said case should be enhanced from Rs.40,000/- to Rs.48,400/-. Further, the loss of estate and funeral expenses also extended to Rs.18,150/- each.
19. As this Court has already observed that the Petitioner No.1 and 2 are the parents of the deceased Ashok, they are SCCH 15 14 MVC No.6037/2023 entitled for a sum of Rupees 48,400/- each towards loss of consortium and Rupees 18,150/- towards loss of estate and Rupees 18,150/- towards funeral expenses.
IV. COMPENSATION TOWARDS LOSS OF LOVE AND AFFECTION:
20. The Petitioner No.1 and 2 are the parents of the deceased who had lost their son's love and care. Bearing in mind the relationship of the Petitioners with the deceased, I am of the opinion that awarding compensation of Rs.50,000/- under this head would be just and reasonable.
V. COMPENSATION TOWARDS TRANSPORTATION OF DEAD BODY:
21. The Petitioners might have spent some amount towards transportation of body of the deceased. Hence, I am of the opinion that awarding compensation of Rs.5,000/- under this head would be just and reasonable.
SCCH 15 15 MVC No.6037/2023 VII.COMPENSATION TOWARDS LOSS OF DEPENDANCY:
22. It is pertinent to note here that as per the detailed discussion as made supra, the income of the deceased was notionally fixed at Rs.16,000/- p.m.
23. At this juncture, I would like to go through the decision reported in :
1) 2018 ACJ 740, the Hon'ble Supreme Court of India At New Delhi in between Manuswamy and others V/s.
Managing Director, Tamil Nadu State Trans. Corpn. Ltd, wherein it is held as under:
"Quantum fatal accident Principle of assessment Future prospects Deceased aged : 21, contract worker in a company - High Court did not consider future prospects while computing compensation - Whether claimants are entitled to compensation after addition of 40 per cent of income of the deceased towards future prospects "
- Held : - yes.
2) 2018 ACJ 5, the Hon'ble Supreme Court of India, at New Delhi in between Hem Raj Vs. Oriental Insurance SCCH 15 16 MVC No.6037/2023 Co. Ltd., and others wherein it is held as under :
"Quantum Fatal accident - Principles of assessment Future prospects Deceased aged 40 Upholding objections of insurance company that principle of addition on account of future prospects is not applicable where income of the deceased is determined by guesswork, High Court disallowed the addition of 50 per cent made by the Tribunal for future prospects while computing compensation - Whether addition on account of future prospects is admissible where minimum income is determined on guesswork in absence of proof of income Held: Yes:
there cannot be distinction where there is evidence of income and where minimum income is determined on guesswork :
executing Court directed to respondent
compute entitlement of claimants by
adding 40 per cent of income for future
prospect and make corresponding deduction
towards personal expenses".
24. The decision reported in Special Leave Petition SCCH 15 17 MVC No.6037/2023 (Civil) No.25590/2014 (National Insurance Company Limited V/s Pranay Sethi and Others) wherein Hon'ble Apex Court has pleased to observed that: "In case self employed or person on fixed salary the addition should be 40% below the age of 40 years". In this Petition, the deceased was aged 23 years at the time of accident. Hence, towards future prospects 40% of the income has to be added. So, 40% of Rs.16,000/-
comes to Rs.6,400/-. Therefore, the income of the deceased comes to Rs.22,400/- p.m. (Rs.16,000/- + Rs.6,400/- = Rs.22,400/-). Further, as per the principles laid down in decision reported in (2009) 6 SCC 121 (Sarla Verma and Others Vs. Delhi Transport Corporation and another) the multiplier applicable is 18. In Sarla Verma's case, the Hon'ble Supreme Court of India has pleased to held that, if, the deceased was bachelor, half of his income is to be deducted towards his personal and living expenses.
25. After deducting half towards his personal expenses in Rs.22,400/- it comes to Rs.11,200/- (Rs.22,400/- - 11,200/-) SCCH 15 18 MVC No.6037/2023 and multiplier applied is 18 which comes to Rs.24,19,200/-. (Rs.11,200/- x 12 = Rs.1,34,400/-, Rs.1,34,400/- x 18 = Rs.24,19,200/-). Thus, the Petitioners are entitled for compensation of Rs.24,19,200/- towards loss of dependency.
TOTAL QUANTUM OF COMPENSATION TO WHICH THE- PETITIONERS ARE ENTITLED:
1. Loss of consortium Rs. 96,800/-
2. Loss of Love and Affection Rs. 50,000/-
3. Loss of Estate Rs. 18,150/-
4. Funeral Expenses Rs. 18,150/-
5. Expenses of transportation Rs. 5,000/-
of dead body
6. Loss of Dependency Rs.24,19,200/-
Total Rs.26,07,300/-
Thus, totally the Petitioners are awarded compensation of Rs.26,07,300/- with costs and simple interest at 6% p.a. from the date of the Petition till the date of realization.
26. Regarding Liability: This Court has arrived at the SCCH 15 19 MVC No.6037/2023 conclusion that the accident has been occurred by the rash and negligent driving on the part of the driver of the offending Canter bearing Reg.No.AP-03-TG-1381. In this case, the Respondent is the RC owner of the offending vehicle. The Charge-sheet i.e., Ex.P7 clearly exhibits that the offending vehicle does not had policy at the time of accident. Therefore, the owner i.e., Respondent is also Charge sheeted for the offences punishable under Sec.146 r/w Sec.196 and Sec.66 r/w 192 of IMV Act. Therefore, the Respondent is liable to satisfy the award amount. The Respondent being the RC owner has to pay the compensation amount to the Petitioners. Accordingly, I answer Point No.2 is in the "Affirmative" and Point No.3 is "Partly in the Affirmative".
27. Point No.4: From the above discussion, I am of the opinion that the Petitioner No.1 and 2 are entitled for compensation of Rs.26,07,300/- along with interest at the rate of 6% p.a. from the date of the Petition. In the result, I proceed SCCH 15 20 MVC No.6037/2023 to pass the following :
ORDER The Claim Petition filed by the Petitioners against the Respondent under Section 166 of Motor Vehicles Act is hereby allowed in part with costs.
The Petitioner No.1 and 2 are entitled for total compensation of Rs.26,07,300/- along with cost and simple interest at the rate of 6% p.a., from the date of the Petition till the date of deposit of the Award amount.
The Respondent is liable to pay the compensation amount to the Petitioners.
The Respondent being the owner, is directed to deposit the Award amount and interest within 60 days from the date of the Award.
The compensation amount awarded to the Petitioner No.1 and 2 are apportioned among them are as shown below:
SCCH 15 21 MVC No.6037/2023
1) 50% each to the Petitioner No.1 and 2.
After being deposit of the Award amount and interest by the Respondent No.1, out of the amount awarded to the Petitioner No.1 and 2, 50% each of the award amount is ordered to be paid to the Petitioner No.1 and 2 respectively by way of E-payment and after their proper identification and the remaining 50% each of the award amount shall be kept in Fixed deposit in the name of Petitioner No.1 and 2 respectively in any Nationalized or Scheduled Bank for a period of 3 years of their choice.
The Advocate fee is fixed at Rs.1,000/-.
Draw Award accordingly.
(Dictated to the stenographer, typed and computerized by her, corrected, signed and then pronounced by me in the open Court on this 8th day of October, 2024) (Smt. Kumari Sujatha.) XIII Addl. Small Causes Judge, ACJM,Court of Small Causes & Member, MACT-15, Bengaluru.
SCCH 15 22 MVC No.6037/2023
ANNEXURE
Witnesses examined on behalf of the Petitioners :
P.W.1 Sri. Keshavara Murthy PW.2 Sri. Harish D.
Documents marked as Exhibits for the Petitioners :
Ex.P.1 True copy of FIR Ex.P.2 Complaint Ex.P.3 Spot mahazar with Sketch Ex.P.4 IMV report Ex.P.5 Inquest mahazar Ex.P.6 PM report Ex.P.7 Charge-sheet Ex.P.8 to 10 Aadhaar cards Ex.P.11 DL Ex.P.12 ID card Ex.P.13 School Transfer Certificate Ex.P.14 Death certificate Ex.P.15 Certificate Ex.P.16 Authorization letter Ex.P.17 Attendance register Ex.P.18 Pay slips Ex.P.19 Certificate Ex.P.20 Visitors pass Ex.P.21 to 24 Bank pass books SCCH 15 23 MVC No.6037/2023
Witness examined on behalf of the Respondent:
-Nil-
Documents marked as Exhibits for the Respondent:
-Nil-
(Smt. Kumari Sujatha.) XIII Addl. Small Causes Judge, ACJM,Court of Small Causes & Member, MACT-15, Bengaluru.