Karnataka High Court
Ghaleppa And Anr vs The Telangana State Road Transport on 3 February, 2025
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NC: 2025:KHC-K:771
MFA No. 200856 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE C M JOSHI
MISC. FIRST APPEAL NO.200856 OF 2023 (MV-D)
BETWEEN:
1. GHALEPPA S/O NARASAPPA,
AGE: 67 YEARS, OCC: LABOUR,
R/O: GUNALLI, TQ. AND DIST. BIDAR-584 101.
2. SMT. SARASWATHI W/O GHALEPPA,
AGE: 53 YEARS, OCC: HOUSEHOLD,
R/O: VILLAGE GUNALLI,
TQ. AND DIST. BIDAR-584 101.
...APPELLANTS
(BY SRI. BASAVARAJ R. MATH, ADVOCATE)
AND:
THE TELANGANA STATE ROAD TRANSPORT
CORPORATION LTD., HYDERABAD,
REPRESENTED BY DEPOT MANAGER,
TELANGANA STATE ROAD TRANSPORT
CORPORATION, SANGAREDDY DEPOT,
Digitally
SANGAREDDY, DIST. SANGAREDDY-502 001 (T.S.).
signed by
LUCYGRACE
LUCYGRACE Date:
...RESPONDENT
2025.02.03
17:26:53 -
0800 (BY SRI. S.V. DESHMUKH, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173 (1) OF THE
MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE AWARD
AMOUNT BY MODIFYING THE IMPUGNED JUDGMENT AND
AWARD DATED 31.05.2022 PASSED BY THE ADDL. SENIOR
CIVIL JUDGE AND JMFC, BIDAR AND MACT, BIDAR IN
MVC.NO.342/2021 AND ETC.,
THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 29.01.2025 AND COMING ON FOR
'PRONOUNCEMENT OF JUDGMENT', THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
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NC: 2025:KHC-K:771
MFA No. 200856 of 2023
CORAM: HON'BLE MR. JUSTICE C M JOSHI
CAV JUDGMENT
(PER: HON'BLE MR. JUSTICE C M JOSHI) Being aggrieved by the judgment and award in MVC.No.342/2021 by the Addl. Senior Civil Judge and JMFC, Bidar and MACT, at Bidar dated 31.05.2022, the petitioners are before this Court in appeal seeking enhancement of the compensation.
02. The petitioners are the father and mother of the deceased - Sanjeevkumar. On 02.01.2020 at about 06.30 a.m. the deceased - Sanjeevkumar and his coworker Vijayakumar, were returning from their work at Mahindra and Mahindra Company, Mungi Unit, on their Motorcycle bearing No.KA-38-S-2901; the Bus owned by the respondent bearing AP-29-Z-3462, came in negligent manner and dashed against the motorcycle. As a result, the deceased - Sanjeevkumar, who was pillion rider died at the spot. The rider also succumbed to the injuries later. A case came to be registered by jurisdictional police and -3- NC: 2025:KHC-K:771 MFA No. 200856 of 2023 ultimately, a charge-sheet was filed against the Bus driver. The petitioners who are the parents of the deceased - Sanjeevkumar, have approached the Tribunal seeking just compensation. It was stated that the deceased - Sanjeevkumar was a bright student has completed his diploma and working as Apprentice Trainee and earning around Rs.15,000/- per month.
03. The respondent APSRTC appeared through its counsel and denied the petition averments. It was contended that the accident was due to the negligence of the rider of the motorcycle Vijayakumar and they were returning after the night duty and as such they were drowsy. They have also contended that there is contributory negligence, as such the same needs to be determined.
04. The Tribunal framed appropriate issues. The petitioner No.1 was examined as PW.1, another witness was examined as PW.2 and Ex.P.1 to 19 were marked in evidence. No evidence was led on behalf of the respondent.
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NC: 2025:KHC-K:771 MFA No. 200856 of 2023
05. The Tribunal after hearing the arguments, awarded a compensation of Rs.17,92,544/- under the following heads:-
Sl. Heads Compensation
Awarded
No.
1. Towards loss of dependency Rs.16,97,544/-
2. Towards loss of Filial consortium Rs.80,000/-
Towards transportation of dead
3. body, funeral and obsequies Rs.15,000/-
ceremony expenses
Total Rs.17,92,544/-
06. Being aggrieved by the quantum of the
compensation, the petitioners are before this Court in appeal.
07. The learned counsel appearing for the petitioners submits that the Tribunal has considered the income of the deceased - Sanjeevkumar at Rs.11,227/- per month, but in fact, the Ex.P.15 showed a stipend of Rs.11,986/- per month. He submits that if the stipend -5- NC: 2025:KHC-K:771 MFA No. 200856 of 2023 earned by the deceased - Sanjeevkumar, during his apprenticeding is Rs.11,986/-, evidently, after completion of the training he would easily earn Rs.40,000/- per month. He being aged about 24 years, had bright prospects and the certificates produced by the petitioners were not at all considered by the Tribunal. Therefore, he contends that the income of the deceased - Sanjeevkumar has to be assessed properly by this Court.
08. Per contra, the learned counsel appearing for the respondent would submit that the deceased - Sanjeevkumar was only a trainee and the earning as on the date of the accident, has been considered by the Tribunal and appropriate compensation has been assessed. He submits that there is no necessity of any enhancement.
09. The fact that there was an accident involving the Bus owned by respondent - Corporation and the motorcycle on which the deceased - Sanjeevkumar was pillion rider is not in dispute. Evidently, the deceased - Sanjeevkumar had no role to play in contributing any -6- NC: 2025:KHC-K:771 MFA No. 200856 of 2023 negligence. Therefore, the contention of the respondent that there was contributory negligence has been rightly rejected by the Tribunal. The SSLC certificate produced at Ex.P.9 would show the date of birth of the deceased - Sanjeevkumar as 12.01.1995. The accident having occurred on 02.01.2020, the deceased - Sanjeevkumar was aged 24 years 11 months. Therefore, the Tribunal adopting the multiplier of 18 cannot be faulted with.
10. The testimony of the PW.2 - Mallikarjun shows that he is a supervisor in Yashwantrao Technical and Training Foundation. Through, the said Foundation, the deceased - Sanjeevkumar was deputed to Mahindra CIE as an apprentice trainee under the National Employability Enhancement Mission. He states that the deceased - Sanjeevkumar was getting stipend of Rs.11,986/- per month. The Ex.P.15 is the stipend slip for the month of December - 2019. It shows a total emolument of Rs.11,986/- and a deduction of Rs.759/- towards canteen charges. Therefore, evidently, the Tribunal erred in taking the income at Rs.11,227/- per month.
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NC: 2025:KHC-K:771 MFA No. 200856 of 2023
11. The Ex.P.8 to 14 and Ex.P.16 to 19 would show that the deceased - Sanjeevkumar had completed Diploma in Computer Science and Engineering in first class. The marks card at Ex.P.10 shows the same. Apart from this, he had acquired certain other qualification in the field of science as may be found from Exs.P.11, 12, 14 and
16. He had also participated in several science events, which depict his keen interest and the pursuit for acquiring better skills. The provisional National Trade Certificate at Ex.P.19 in the field of Electrician is also an indication of the same.
12. It is worth to note that there are no yardsticks to assess a probable income of a young, budding and skilled enthusiast. An effort should have been made by the Tribunal to assess the probable income of the deceased - Sanjeevkumar, after he completes his training as a apprentice in Mahindra and Mahindra. PW.2 in his testimony has stated that the deceased - Sanjeevkumar would have earned about 03 to 04 lakhs per annum, after his successful training. He being the supervisor in -8- NC: 2025:KHC-K:771 MFA No. 200856 of 2023 Yashwantrao Technical and Training Foundation, located at Pune, has thrown some light on the future prospectus of the deceased - Sanjeevkumar. In the cross-examination, except suggesting that the deceased - Sanjeevkumar was not earning Rs.11,986/-, nothing is elicited about the future prospects stated by him in his affidavit.
13. Considering the testimonials of the deceased - Sanjeevkumar and the testimony of the PW.2, it is evident that the deceased - Sanjeevkumar would have earned a wages of Rs.25,000/- to Rs.33,000/- per month, depending upon his skills. Looking to the testimonials and the enthusiasm of the deceased - Sanjeevkumar, it can be safely said that his initial appointment would have fetched an earning of Rs.27,000/- per month, even when assessed with moderate expectations.
14. Therefore, the loss of dependency has to be calculated by adding 40% of Rs.27,000/- towards future prospects. Hence, (Rs.27,000/- + Rs.10,800/-) x 12 x 18 x 50% = Rs.40,82,400/-, by deducting 50% towards his personal expenses.
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NC: 2025:KHC-K:771 MFA No. 200856 of 2023
15. In addition to the above compensation, the petitioners are entitled for compensation of Rs.52,000/- towards loss of love and affection, Rs,19,500/- towards funeral expenses and Rs.19,500/- towards loss of estate, as held by the Hon'ble Supreme Court in the case of National Insurance Company Limited vs. Pranay Sethi1. The compensation being determined after 09 years of the said judgment, 10% for each of the 03 years period has to be added. Therefore, the petitioners are entitled for compensation as below:-
Sl. Heads Compensation Awarded
by this Court
No.
1. Loss of dependency Rs.40,82,400/-
2. Love and affection Rs.52,000/-
3. Funeral expenses Rs.19,500/-
4. Loss of Estate Rs.19,500/-
Total Rs.41,73,400/-
Less: Awarded by the Rs.17,92,544/-
Tribunal
Total enhancement Rs.23,80,856/-
1
(2017) 16 SCC 680
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NC: 2025:KHC-K:771
MFA No. 200856 of 2023
16. For the aforesaid reasons, the appeal deserves to be allowed and the following order is passed;-
ORDER I. The appeal is allowed in part.
II. The appellant is entitled for a sum of Rs.23,80,856/-
in addition to what has been awarded by the Tribunal along with interest at the rate of 6% p.a. from date of petition till the date of deposit.
III. Rest of the order passed by the Tribunal regarding deposit etc., remain unaltered.
Sd/-
(C M JOSHI) JUDGE KJJ List No.: 1 Sl No.: 80 CT: AK