Karnataka State Road Transport ... vs Smt Sujatha W/O H D Parashurama on 27 August, 2010

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Karnataka High Court

Karnataka State Road Transport ... vs Smt Sujatha W/O H D Parashurama on 27 August, 2010

Bench: B.Sreenivase Gowda

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS TI-IE 27'rH DAY or AUGUST. 2010
BEFORE 

THE HON' BLE MR. JUSTICE B.sREEN1"vAsE~" 

Miscellaneous First Appeal No. 2006 OF    ~ 

C 

Miscellaneous First Appeal     

In MFA. 2006[O8

Between

1. Karnataka State Road  *   
Transport.CorporatiQn Lt:i;'»,'_ "
Shanthjenageiz', V_     
Bangalcre   A _  . V
Reptd. Bygi_t's Mazie;gi.;ig. Dirtzzctor

V %  Appellant
(Bgsrj. NgS1§j?:gti1§ LeAdv.)

   :__Su}.atha..4 ____ ..

 " --W_/_0. _'t'1,i Parashurama,
 'Age?  yvsars,
 Occi 'H_ousewife.

 2. Sevimya,
A.  D/"0 Sujatha,

 'Age: 23 years,
"Occ: Ni}

Both are R/0 Hanakere Village,
Taluk and District Mandya.

%"



3. H. D. Parashurama,

S / 0 Papayya,

Aged 49 years,

Gee: Business,

R/ at. Hanakere Village, Dudcia I-Iobli,
Taiuk and District Mandya.

(By Sri. G M Ananda andVB. 1:4."    
Advs. for C/R1,, ' "  " i

_5 ".'."."E"i,€'_:vsfv)"t"iIv1"ti_.,e1*v.-ts' " . V

Notice not ordei*eti~..is respect --5R.3) r  L'

This MFA is ﬁled U/s,i1,73{1}-of MVAPI against the
judgment and aWaI'd4"date.d I_7§'OS,20.07 passed in MVC
No.31'?/2006 on the 7ﬁ?'e:? oi] -,V%Member, MACT,
Srirangapatna, AWa;:ding__  a""3 Vcojvmpensation of

Rs.5,00,000_/.--_wi_th jEnte1'*e.st.,@'~.69/9,  from the date of

petition ti1i%3ep}:i~si.t..,  

In   
Between . it   
1. siitttjstuiathiatt .  

_ W/ 0}' 1-1'; D,',~Pai*_asii:1,1rama,
V,  Aged abmzt 38 years.

 V' --  H,  Parashurama,
  Ageciabbut 22 years,

"are R/(). I-Ianakere Viiiage,
Mandya Taluk.

 Present R/0.
Arakere Village,
Srirangapata.
.. . Appellants
(By Sri. G. M. Amanda and B. L. Asha, Advs.)

%/



1. Divisional Controller
K.S.R.'i'.C.,
K. H. ﬁouble Road,
Shanthinagar,
Bangalore.

2. H D Parashurama
S/O. Papaiah,
R/at. Hanakere Village.
Dudda I-Iobli, " 
Manclya Taluk.

V _ ..l'"Respondents

(By Sri. N B   'nl\".{_~._.2¥.served)

This P'ﬂF.m:E'~:"i.S fil--ed={'U7S'"lE7l3('l).._.of MV Act, against
the judgemeiat1"an;_:1'awardd'at--e'd V_17.09.2O0'7 passed in
MVC No.3.1V7l,/ 2:006 'on"t'ne "file of 'Member, Addl. MACT.
Sriran"gapat'na, "*fgzat*tly '=allo'Win--g" the claim petition for
compensa.tiVor1.' _ it '   . _ .1'-.eek1'ng enhancement of
compensation?    l

_ _ Thes~ep"appVealsll Coming on for Hearing, this day,
 Court, deliivperedv the following:
J U D G M E N T

Z "lAs.'these two appeals are arising out of a common 2 judgment and award of the Tribunal, they are heard disposed of by this common judgment, with the consent of learned Counsel appearing for the parties. %/

3. For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.

4. Brief facts of the case are: 9 That on 15-2-06, when the motor bike bearing registratiori with his friend Nagendra_...?as__ pi1.1io171:V_'Arpi_der from Kailahalli side .oi91t_i\'/V:I.'(3_iroad, Mandya. near bus bearing registration in a rash and negligent their vehicle. As a resuIt',_phe_ and later succumbed to the injuries. inother and sister filed a claim petition MACT;---Si*irangapatna, seeking compensation /--. The Tribunal by impugned judgment has awarded compensation of Rs.5,00,000/-- with",i;fi1terest at)_ 6% p.a. Aggrieved by the quantum of 'coniipensation awarded by the Tribunal the claimant is ___?in appeal seeking enhancement of compensation. Sir

5. As there is no dispute regarding the death of the deceased Vishwas in a motor road accident,..___and iiabiiity of the insurer of the bus, only point"

for my consideration in the appeal is: A it it it V .

Whether the .

compensation awarded by: th.1eTI"ri'nuna1' is just and proper or does 'xjt call for '- ' enhancement? ' " V =

6. After hearing the"p«iearned forithe parties and perusing the award_ I am of the View that the Tribunal is not just and iourer side and therefore it is deserxpred

7. The rdeceased;Vish}vas was aged about 22 years at the«§ti'rn'e of in the accident, as evident from » the_Vpo.st«.n*iortem report ~-- Ex.P.4 and SSLC marks card -- ' who are his mother and sister in support.' their contention that the deceased was studying in fine} J.O.C. at C.P.C. Polytechnic College, Charmapatna and aiso working as a part time Computer operator in Guru Wine stores, Mandya and %' earning Rs.5,000/-- per month, have examined the first claimant as P.W.i. They also produced 'Prashasti' certiﬁcate -~« Ex.P.7 issued by Navodaya school, Srirangapatna, deceased secured award = in science exhibition conducted" Mat" « Governrrie_nt"'5Pre.-- University College, Srirangapatna; Ex.P.8 which reveals, he""1<1as been._V.av.n;..rd'ed'VV"secondV piace in volleyball spomsis"'¢pfm1ju§tea airing 2004-05 issued by Goyernment'C"PolytechnicJfchtannapatna and SSLC he has secured 66.40% i11V.S$f{;C. V and I I disclose that he is studying iny"~«'.Engineering. Ex.-- P.12 salary certiﬁcate Guru Enterprises, Mandya, disgcioses was yvorking as a part time computer drawing salary of Rs.5,000/-- per month. of Sri. Guru Enterprises was examined as Considering he is a bright student and also having. talent in sports and studying in final year '"'~:f)ip1oma and working as part time Computer Operator H in Guru Enterprises, his income could be easily Q95 assessed at Rs.4,500/~ per month. Claimants are his mother and married sister.

8. Subsequent to the tiling of the claim father of the deceased who was arrayed as to the claim petition. passed away; '-Tthe'._on_VV1# if is his mother. 50% of his incoine'-has towards his personal expenses. Mother 'wast aged' between 37 to 40 years. Multiplierljapplicabie 'to her age group is '15' as per Court in the case of §Tl'ierefor_e.,_l_ofss of dependency works outtolRsi%3;.e05;jQ0O/'--""*{Rs§.4,500/-- 2: 50/100 x 12 x 15]:V_and ' as against Rs.4,8-0.060/-- awarded the D:eceased"'a;..t.e1* sustaining injury was shifted to Bangalore. where he succumbed to 'the after two days. Therefore, a sum of Rs.10,lO0O/~ is awarded towards medical and incidental " « . V' expenses.

10. Rs. 10,000/-- awarded by the Tribuna} towards loss to estate and Rs.10,000/-- awarded towards transportation of dead body and funeral just and proper and they do not enhancement.

11. In addition to that, a awarded towards love and affec,tion o-f_the. it

12. Thus the c1airnants,Aaree.entitled fame following compensation:

1. Loss' ;depe_nden.ey'«..x"'b~1 it " Rs. 4.05000/--

2. Mea,a¢g1idA3ai1d ;1gcide.;:;;i ' " _eXpenses=__°-._t" ' Rs. 10,000/--

31' Loss Rs. 10,000/--

.'__I'ranspo-rtation of dead body ' arrd Funeral expenses Rs. 10,000/-- affection Rs. 10,000/-

Total Rs.4.45,000/~ r Accordingly both the appeals are allowed in part and the judgment and award of the Tribunal is modiﬁed to the extent stated herein above. 3/

14. The claimants are entitled to a total compensation of Rs.4,45,000/-- as against Rs.5,00,000/-- awarded by the Tribunal, and compensation awarded the Tribunal is reduced by a sum of Rs.55,000/

15. Out of the compensation arriount'; a sum of Rs.3,00,000/--

amount is ordered to be inve'sted iii in "name of ' i the first claimant, who is the' of the-'deceased, in any nationalised/schedule-., -La period of 9 years, renewab_}e. once years,' arid she is permitted to 3f:.the"--l:> 'interest. periodically for her maintenance: of the remaining amount Rs.'4$rh;000/-- is ordered to be released }*fa§.riour of the-e1.aimants No.1 and 2 respectively. as to costs.

Sci?/4 Fudge dsprsngcn/_

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