Bangalore District Court
Savithramma Alias Sakamma R.N vs K.S.R.T.C on 19 August, 2024
KABC020227102019
BEFORE THE CHIEF JUDGE, COURT OF SMALL
CAUSES, MEMBER PRL.MOTOR ACCIDENT CLAIMS
TRIBUNAL AT BENGALURU
DATED THIS THE 19th DAY OF AUGUST, 2024
PRESENT : SRI J.N.SUBRAMANYA, B.A., L.L.M.,
MEMBER, PRL. M.A.C.T.
M.V.C. No. 5380/2019
PETITIONERS: 1. Savithramma @ Sakamma R.N.,
W/o. Late Beerappa,
Aged about 42 yars.
2. Bhavana E.,
D/o. Late Beerappa,
Aged about 16 years.
Both are R/at No.39,
Hoovahalli village,
Haralli Post,
Kolar Taluk and district.
The 2nd petitioner is minor in age
hence, she is represented
by her mother and natural guardian.
(Represented by Sri Kumara K.G.,
Advocate)
-Vs-
RESPONDENTS:1. The Managing Director,
SCCH.1 2 MVC No.5380/2019
K.S.R.T.C., K.H.Road,
Shanthinagara,
Bengaluru-27.
2. The Managing Director,
K.S.R.T.C.,
Kolar Division, Kolar.
(Respondents Nos.1 and 2
represented by Sri M.S.Balaji,
Advocate)
*******
JUDGMENT
Wife and alleged adopted minor daughter of Beerappa filed petition under Section 166 of IMV Act claiming compensation worth of Rs.42,70,000/- from the respondent KSRTC alleging that on 24.12.2012 at 9.15 a.m. when Beerappa was walking at Kolar platform gate, Kempegowda bus stand , Bengaluru, driver of bus bearing No.KA-07-F-1327 negligently drove the same in reverse, at the same time driver of another bus bearing No.KA-07-F- 1478 drove the same towards bus stand, made Beerappa to crush between two buses, resulting in his death. As on the date of accident Beerappa being aged about 40 years, used to earn Rs.18,000/p.m. by working as conductor at KSRTC SCCH.1 3 MVC No.5380/2019 and used to contribute the same to the family. Regarding accident Upparapet traffic police registered a case in crime No.60/2012 against the drivers of both buses.
2. In response to the notice, respondent KSRTC appeared through his advocate filed written statement denying the allegation regarding alleged negligence of the driver of the buses for the accident and asserted that due to the negligence of Beerappa, the accident taken place , denied the allegation regarding occupation and income of the deceased, asserted payment of Rs.3,62,740/- to the petitioner No.1 wife of Beerappa and Rs.5,000/- towards interim compensation.
3. On the basis of the pleadings on 13.10.2021, this Authority has framed the following issues:
1. Whether the petitioners prove that due to rash and negligent driving of KSRTC bus bearing Reg. No.KA-02-F-1327 and another KSRTC bus bearing Reg. No.KA-07-F-1478 by its drivers dashed to the deceased Sri Beerappa who was moving as a pedestrian at Kolar platform and he succumbed to the injuries sustained in the accident that occurred on 24.12.2012?
2. Whether the respondent No.1 and 2 proves that the accident has occurred on account of negligent act of deceased himself?SCCH.1 4 MVC No.5380/2019
3. Whether the petitioners are entitled for compensation ? If so, what is the quantum of compensation and from whom?
4. What order?
4. On 18.01.2021, 26.02.2021 , 21.12.2021 petitioner No.1 deposed as PW1 and produced 15 documents at Ex.P.1 to P.15. On 21.4.2022, 03.06.2022 respondent produced the evidence of Rehaman Sab, driver of bus bearing No.KA-07-F-1478 as RW1 . On 02.08.2024 for the purpose of identification purpose copy of the PAN card of Beerappa is marked as Ex.P.16.
5. I heard the arguments submitted on behalf of both parties and perused the records.
6. On the basis of the record, my findings on the above issues are as under:
Issue No.1 ... In the Affirmative, Issue No.2 .. In the Negative Issue No.3 ... Petitioner No.1 is entitle to receive Rs.15,57,276/- with current and future interest at 6%p..a. from the respondents as compensation.
Issue No.4 ... As per final order for the following:-SCCH.1 5 MVC No.5380/2019
REASONS
7. Issues No.1 and 2:- In the evidence PW1 stated that on 24.12.2012 at 9.15 a.m. when her husband Beerappa was walking at Kolar platform gate, Kempegowda bus stand , Bengaluru, driver of bus bearing No.KA-07-F- 1327 negligently drove the same in reverse, at the same time driver of another bus bearing No.KA-07-F-1478 drove the same negligently to enter the bus stand and made Beerappa to crush between two buses resulting in his death.
8. In the written statement respondents denied the allegation regarding reason and mode of accident , alleged negligence of driver of the buses and asserted that due to the negligence of Beerappa accident taken place.
9. In the cross-examination, PW1 submitted that she never witnessed the accident.
10. In the evidence affidavit RW1 Rehaman Sab, driver of bus bearing No.KA-07-F-1478 stated that on 24.12.2012 he drove the bus bearing No.KA-07-F-1478 in Kempegowda bus stand stopped the bus in KGF platform, when driver of the bus bearing No.KA-07-F-1327 taking SCCH.1 6 MVC No.5380/2019 reverse slowly and cautiously by observing all traffic rules providing signal deceased carelessly, negligently , hurriedly made effort to pass through between two buses, thereby get strucked between two buses , thereby became the reason for the accident.
11. In the cross-examination, RW1 stated that on 24.12.2012 at 9.00 a.m. accident taken place between two buses, i.e., bus bearing No.KA-07-F-1478 , bus bearing No.KA-07-F-1327 resulting in the death of Beerappa. RW1 admitted that if both the vehicles were parked, then there would be no chance of occurrence of accident. RW1 stated that due to the negligent act of driving in reverse direction by the driver of bus bearing No.KA-07-F-1327 accident taken place.
12. Ex.P.1 is the copy of the FIR and complaint pertaining to crime No.60/2012 of Upparapet traffic police station registered against the drivers of bus bearing No.KA- 07-F-1327 and bus bearing No.KA-07-F-1478 for having committed offence punishable under Section 279, 304(A) of IPC resulting in the death of Beerappa, on basis of complaint presented by Sudhendra, PSI . Ex.P.2 is the SCCH.1 7 MVC No.5380/2019 copy of the spot mahazar, Ex.P.3 is the copy of sketch, Ex.P.4 is the copy of the Motor Vehicle Accident Report, Ex.P.5 is the copy of Inquest Mahazar, Ex.P.6 is the copy of P.M.Report. Ex.P.7 is the copy of chargesheet filed by Upparapet traffic police in crime No.60/2012 against RW1 Rehaman Sab, driver of bus bearing No.KA-07-F-1478 and M.N.Lakshminarayana , S/o. Munihanumappa, driver of bus bearing No.KA-07-F-1327 for having committed the offence punishable under Section 279,304(A) of IPC. In the police records name of Beerappa is noted as a pedestrian and victim of the accident.
13. In this case, at this stage there are no reasons to disbelieve the evidence placed by the petitioners regarding reason , mode and consequence of the accident. Hence, I have concluded that on 24.12.2012 at 9.15 a.m. when Beerappa was walking on Kolar platform gate, Kempegowda bus stand , Bengaluru, in view of the negligent use of the bus bearing No.KA-07-F-1327 by Lakshminarayana and bus bearing No.KA-07-F-1478 by RW1 Rehaman Sab , Beerappa crushed between two buses SCCH.1 8 MVC No.5380/2019 resulting in his death. Hence, I answer issue No.1 in the affirmative and issue No.2 in the negative.
14. Issue No.3: In the lengthy argument learned Advocate appearing for the petitioners by analyzing the evidence available in the file, requested to award compensation by relying on the following judgments.
a) MAC Appeal No.173/2013 (National Insurance Co.Ltd. Vs. Mrs. Suwala Dutta Saikia and others) DD 02.12.2016
b) Civil Appeal No.244-243 of 2020 ( National Insurance Company Limited Vs. Birender and others) DD 13.01.2020
c) M.F.A. No.811/2015 ( Sri Rajanna @ Raju Vs. Sri Srinivas and another) DD 18.07.2019
d) Copy of official circular issued by Directorate of pension
15. In the lengthy argument learned Advocate appearing for the KSRTC by analyzing the evidence available in the file, submitted that the petitioners are not entitle to receive compensation by relying on the following judgments:
1. AIR 2017 SC 1612 (M/s.Purohit and company Vs. Khatoonbee and another ) DD 09.02.2017 SCCH.1 9 MVC No.5380/2019
2. M.F.A. No.2167/2011 C/s M.F.A. No.2168/2011 ( Cholamandalam MS General Insurance Company Limited and another) D.D. 10.01.2012
16. In the lengthy argument learned Advocate appearing for the respondents submitted that if this Authority come to the conclusion that the petitioner No.1 is eligible to receive compensation requested to deduct Rs.3,62,740/- paid on 09.02.2013 and also consider appointment provided to petitioner No.1 on compassionate ground.
17. In the light of the submission made on behalf of both the parties and with reference to the judgments cited above, I have appreciated the materials available in the file.
18. In the evidence PW1 stated that as on the date of accident her husband Beerappa used to earn Rs.18,000/p.m. by working as conductor in KSRTC and used to contribute entire income to the family.
19. In the written statement respondents denied the allegation regarding quantum of income of Beerappa as on the date of accident and asserted payment of Rs.3,62,740/- on 09.02.2013 to PW1. In the cross- examination PW1 admitted that the KSRTC provided SCCH.1 10 MVC No.5380/2019 appointment on the compassionate ground and as on the date of evidence receiving Rs.12,000/p.m. as salary and also getting family pension. PW1 denied the suggestion that KSRTC paid Rs.5000/- towards funeral expenses.
20. In the evidence RW1 stated nothing about occupation and income of Beerappa as on the date of accident . Salary slip shows that during November 2012 Beerappa earned Rs.6,230/- as basic salary, Rs.4,782/- towards basic DA i.e., totally Rs.11,012 excluding HRA, CCA, washing allowance, night duty allowance, paid holiday, OT etc.
21. In the copy of the PAN card marked at Ex.P.16 date of birth of Beerappa is noted as 01.01.1971. Hence, I have calculated the loss of dependency in the following terms:
Age of the deceased as on the date of 41 years accident -
Monthly salary of Beerappa as on the date of - Rs.11,012/- accident Addition 50%= 11,012+5506= 16,518/-
Less : 1/ 3rd deduction towards personal Rs.11,012/- expenses of the deceased Beerappa (16,518
- 5,506/- = 11,012) SCCH.1 11 MVC No.5380/2019 Annual income of the deceased Rs.1,32,144/-Multiplier Applicable 14
Loss of dependency 1,12,008x9 Rs.18,50,016/-
22. Hence, Rs.18,50,016/- is assessed towards loss of dependency. Rs.15,000/- is assessed towards loss of estate, Rs.15,000/- is assessed towards funeral expenses , Rs.40,000/- towards spousal consortium.
23. Hence, total compensation is assessed at Rs.19,20,016/-.
24. Rs.3,62,740/- admittedly paid by respondents on 09.02.2013 to the petitioner No.1 is to be deducted. Balance is Rs.15,57,276/-.
25. The material available in the file including Adoption Deed shows that petitioner No.1 Savithramma @ Sakamma R.N. taken petitioner No.2 Bavana through Adoption Deed dated 17.08.2019, Hence, it is clear that as on 24.12.2012 petitioner No.2 is not concerned to the family of Beerappa and petitioner No.1. Hence, petitioner No.1 is entitle to receive Rs.15,57,276/- with current and SCCH.1 12 MVC No.5380/2019 future interest at 6% p.a. as compensation from the respondents.
26. In the light of the judgments cited on behalf of both the parties, status of the petitioner No.1 Savithramma, Beerappa as on the date of accident , occupation and income of Beerappa as on the date of incident, respondent KSRTC and status of petitioner No.1 subsequent to the accident , I have inferred that the compensation awarded to the petitioner No.1 worth of Rs.15,57,276/- with current and future interest at 6%p.a. is just , proper and reasonable. Hence, I answer issue No.3 accordingly and pass the following :
ORDER The petition filed under Section 166 of IMV Act is hereby partly allowed.
The respondents shall pay Rs.15,57,276/- with current and future interest at 6% p.a., to petitioner No.1 towards compensation.
The respondents being the owner of KSRTC bus bearing No.KA-07-F-1327 and bus bearing No.KA-07-F-SCCH.1 13 MVC No.5380/2019
1478 shall deposit the compensation amount with interest within 3 months from today.
After deposit , 50% of the compensation amount and interest may be released to petitioner No.1 by crediting the same to her bank account directly.
Surplus compensation amount and interest allotted in favour of petitioner No.1 shall be deposited in any of the nationalized or scheduled bank in petitioner No.1's name for a period of 3 years without permitting to create any encumbrances.
Advocate's fee is fixed at Rs.1,000/- .
Draw an Award accordingly.
(Dictated to the Stenographer, transcribed by her, corrected, signed and then pronounced by me in the Open Court on this the 19th day of August , 2024) (J.N.SUBRAMANYA) Chief Judge, Court of Small Causes & Member, Prl. M.A.C.T. Bangalore.
ANNEXURES Witnesses examined on behalf of the petitioners:
P.W.1 : Smt.Savithramma @ Sakamma R.N. Dt.18.01.2021, 26,02,2021, 22.12.2021 SCCH.1 14 MVC No.5380/2019 Documents marked on behalf of the petitioners:
Ex.P.1 Certified copy of FIR with complaint Ex.P.2 Certified copy of spot mahazar Ex.P.3 Certified copy of spot sketch Ex.P.4 Certified copy of IMV report Ex.P.5 Certified copy of Inquest mahazar Ex.P.6 Certified copy of P.M.Report Ex.P.7 Certified copy of chargesheet Ex.P.8 Notarized copy of Death Certificate of
deceased Beerappa (original compared and returned) Ex.P.9 Notarized copy of Aadhar card of petitioner No.1(original compared and returned) Ex.P.10 Notarized copy of Election identity card (original compared and returned) Ex.P.11 Notarized copy of Aadhar card of petitioner No.2 (original compared and returned) Ex.P.12 Notarized copy of Adoption Deed dated 17.08.2019 (original compared and returned) Ex.P.13 Notarized copy of Bank statement (original compared and returned) Ex.P.14 Residence Certificate Ex.P.15 Notarized copy of Aadhar card of petitioner No.1 (original compared and returned) Ex.P.16 Notarized copy of PAN card of deceased (original compared and returned) Witnesses examined on behalf of the respondents :
RW-1 Rehaman Sab dt. 21.04.2022,, 03.06.2022 SCCH.1 15 MVC No.5380/2019 Documents marked on behalf of the respondents:
-NIl-
(J.N.SUBRAMANYA) Chief Judge, Court of Small Causes & Member, Prl. M.A.C.T. Bangalore.