Karnataka High Court
D. Bharathi W/O Late D. Santhosh S/O D. ... vs Channabasaiah S/O Mahalingaiah ... on 26 May, 2023
Author: S G Pandit
Bench: S G Pandit
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M.F.A. NO.100803 OF 2020
C/W M.F.A. NO.103012 OF 2019
M.F.A. CROB NO.100034 OF 2021
M.F.A. CROB NO.100041 OF 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH DAY OF MAY, 2023
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
M.F.A. NO.100803 OF 2020(MV-D) C/W
M.F.A. NO.103012 OF 2019(MV-D)
M.F.A. CROB NO.100034 OF 2021(MV-D)
M.F.A. CROB NO.100041 OF 2022(MV-D)
IN MFA NO.100803 OF 2020:
BETWEEN:
THE DIVISIONAL CONTROLLER,
NEKSRTC, HOSAPETE,
REPRESENTED BY CHIEF LAW OFFICER.
...APPELLANT
(BY SRI. S.C.BHUTI, ADVOCATE)
AND:
1. SMT.RENUKABAI
W/O. LATE ANANDA NAIK,
AGE : 28 YEARS.
Digitally signed by
K M SOMASHEKAR
Location:
DHARWAD 2. ANKITHA BAI
Date: 2023.06.03
13:11:05 -0700 D/O. LATE ANANDA NAIK,
AGE : 7 YEARS.
3. CHANDAN NAIK
S/O. LATE ANANDA NAIK,
AGE : 5 YEARS.
4. SUBHASH NAIK
S/O. LATE ANANDA NAIK,
AGE : 3 YEARS.
SINCE, RESPONDENTS NO.2 TO 4 ARE
MINORS REPT. BY HER MOTHER
RESPONDENT NO.1.
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M.F.A. NO.100803 OF 2020
C/W M.F.A. NO.103012 OF 2019
M.F.A. CROB NO.100034 OF 2021
M.F.A. CROB NO.100041 OF 2022
5. CHANDRA NAIK S/O.LATE YAMUNA NAIK,
AGE : 56 YEARS, OCC : AGRICULTURIST,
ALL ARE R/O: MARABBIHAL THANDA VILLAGE,
H.B.HALLI TALUK, BALLARI DIST-583212.
6. CHANNABASAIAH HIREMATH
S/O.MAHLINGAIAH, AGED 38 YEARS,
DRIVER OF KSRTC BUS BEARING NO.KA-35/F-114,
R/O: CHIKKA MYAGERI VILLAGE,
YELABURGA TQ, KOPPAL DIST-583 236.
...RESPONDENTS
(BY SRI. M.AMAREGOUDA, ADVOCATE FOR R1 TO R5)
(R2, R3 AND R4 ARE MINOR R/BY R1)
(NOTICE TO R6 HELD SUFFICIENT)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 17.10.2019
PASSED IN MVC NO.35/2019 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-XII,
HAGARIBOMMNAHALLI, AWARDING COMPENSATION OF
RS.18,83,600/- WITH INTEREST AT 8 PERCENT P.A. FROM THE
DATE OF PETITION TILL ITS REALISATION.
IN MFA NO.103012 OF 2019:
BETWEEN:
THE DIVISIONAL MANAGER,
KSRTC, HOSAPETE DIVISION,
BY ITS OFFICE, HOSPETE, BALLAR DIST.,
REPRESENTED BY CHIEF LAW OFFICER.
...APPELLANT
(BY SRI. S.C.BHUTI, ADVOCATE)
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M.F.A. NO.100803 OF 2020
C/W M.F.A. NO.103012 OF 2019
M.F.A. CROB NO.100034 OF 2021
M.F.A. CROB NO.100041 OF 2022
AND:
1. SMT. D. BHARATHI
W/O. LATE. D.SANTHOSH,
AGED: 25 YEARS.
2. SHASHANTH
S/O. LATE. D. SANTHOSH,
AGED: 5 YEARS.
3. KISHOR
S/O. LATE. D. SANTHOSH,
AGE: 3 YRS.
4. SAHANA
D/O. LATE. D. SANTHOSH,
AGED: 3 YEARS.
5. D. NAGARAJA
S/O. D. SHIVANAGAPPA,
AGED: 56 YEARS.
6. D. NAGARATHNAMMA
W/O. D. NAGARAJA,
AGED: 56 YEARS.
7. D. SHIVANAGAJJA
S/O. D. NAGARAJA,
AGED: 18 YEARS.
R2 TO R4 ARE MONORS REPT. BY
NATURAL GUARDIAN MOTHER RESPONDENT NO.1
ALL ARE R/O: UPANAYAKANAHALLI VILLAGE,
TQ: H.B.HALLI, DIST: BALLARI -583 212.
8. CHANNABASAIAH HIREMATH,
S/O.MAHLINGAIAH, AGED 38 YEARS,
DRIVER OF KSRTC BUS BEARING NO.KA-35/F-114,
H.B.HALLI DEPOT, H.B.HALLI TALUK, BALLARI
DISTRICT-583 212.
...RESPONDENTS
(BY SRI. GOURISHANKAR H. MOT, ADV., FOR R1 AND R5 TO R7)
(R2 TO R4 ARE MINOR R/BY R1, NOTICE TO R8 IS SERVED)
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M.F.A. NO.100803 OF 2020
C/W M.F.A. NO.103012 OF 2019
M.F.A. CROB NO.100034 OF 2021
M.F.A. CROB NO.100041 OF 2022
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 21.02.2019
PASSED IN MVC NO.650/2018 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-XII,
HAGARIBOMMNAHALLI, AWARDING COMPENSATION OF
RS.20,27,840/- WITH INTEREST AT 8 PERCENT P.A. FROM THE
DATE OF PETITION TILL THE DATE OF DEPOST.
IN MFA CROB NO.100034 OF 2021:
BETWEEN:
1. D. BHARATHI
W/O. LATE. D.SANTHOSH,
S/O. D.NAGARAJA, AGE: 27 YRS.
2. SHASHANTH
S/O. LATE. D. SANTHOSH,
AGE: 7 YRS.
3. KISHOR
S/O. LATE. D. SANTHOSH,
AGE: 5 YRS.
4. SAHANA
D/O. LATE. D. SANTHOSH,
AGE: 5 YRS.
5. D. NAGARAJA
S/O. D. SHIVANAGAPPA,
AGE: 58 YRS.
6. D. NAGARATHNAMMA
W/O. D. NAGARAJA,
AGE: 53 YRS.
7. D. SHIVANAGAJJA S/O. D. NAGARAJA,
AGE:20 YRS, OCC: STUDENT.
ALL ARE R/AT: UPANAYAKANAHALLI VILLAGE,
TQ: H.B.HALLI, DIST: BALLARI-583 212.
...CROSS OBJECTORS
(BY SRI. GOURISHANKAR H. MOT, ADVOCATE)
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M.F.A. NO.100803 OF 2020
C/W M.F.A. NO.103012 OF 2019
M.F.A. CROB NO.100034 OF 2021
M.F.A. CROB NO.100041 OF 2022
AND:
1. CHANNABASAIAH S/O. MAHALINGAAH HIREMATH,
AGE: 39 YRS, OCC: DRIVER OF
KSRTC BUS REG N: KA-35-F-114,
R/AT: H.B.HALLI DEPOT, TQ: H.B.HALLI,
DIST: BALLARI-581 212.
2. THE DIVISIONAL MANAGER, KSRTC, HOSAPETE
DIVISION, BY ITS OFFICE, HOSAPETE,
DIST: BALLARI-583 212,
REP.BY ITS CHIEF LAW OFFICER.
...RESPONDENTS
(BY SRI. S.C.BHUTI, ADVOCATE FOR R2)
(NOTICE TO R1 IS DISPENSED WITH)
THIS MFA CROB IN MFA NO. 103012/2019 IS FILED UNDER
ORDER 41 RULE 22 OF CPC., AGAINST THE JUDGMENT AND
AWARD DATED 21.02.2019 PASSED IN MVC NO.650/2018 ON THE
FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT
CLAIMS TRIBUNAL-XII, HAGARIBOMMNAHALLI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATON AND
SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA CROB NO.100041 OF 2022:
BETWEEN:
1. SMT.RENUKABAI
W/O. LATE ANANDA NAIK,
AGE : 30 YEARS, OCC: AGRICULTURIST.
2. ANKITHA BAI
D/O. LATE ANANDA NAIK,
AGE : 9 YEARS.
3. CHANDAN NAIK
D/O. LATE ANANDA NAIK,
AGE : 7 YEARS.
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M.F.A. NO.100803 OF 2020
C/W M.F.A. NO.103012 OF 2019
M.F.A. CROB NO.100034 OF 2021
M.F.A. CROB NO.100041 OF 2022
4. SUBHASH NAIK
S/O. LATE ANANDA NAIK,
AGE : 5 YEARS.
5. CHANDRA NAIK S/O.LATE YAMUNA NAIK,
AGE : 58 YEARS, OCC : AGRICULTURIST,
SINCE, CROSS OBJECTOR NO.2 TO 4 ARE MINORS
REPT. BY HER MOTHER CROSS OBJECTOR NO.1.
ALL ARE R/O: MARABBIHAL THANDA VILLAGE,
H.B.HALLI TALUK, BALLARI DRIEST.
...CROSS OBJECTORS
(BY SRI. M.AMAREGOUDA, ADVOCATE)
AND:
1. CHANNABASAIAH HIREMATH,
S/O. MAHALINGAIAH,
AGE: 40 YRS, OCC: DRIVER OF
KSRTC BUS REG NO: KA-35-F-114,
R/O. CHIKKA MYAGERI VILLAGE,
YELABURGA TQ, KOPPAL-DIST.
2. THE DIVISIONAL CONTROLLER, NEKSRTC,
HOSAPETE, DIST: BALLARI-583 212,
...RESPONDENTS
(BY SRI. S.C.BHUTI, ADVOCATE FOR R2)
(NOTICE TO R1 IS DISPENSED WITH)
THIS MFA CROB IN MFA NO. 100803/2020 IS FILED UNDER
ORDER 41 RULE 22 OF CPC., AGAINST THE JUDGMENT AND
AWARD DATED 17.10.2019 PASSED IN MVC NO.35/2019 ON THE
FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT
CLAIMS TRIBUNAL-XII, HAGARIBOMMNAHALLI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATON AND
SEEKING ENHANCEMENT OF COMPENSATION.
THE APPEALS & CROSS OBJECTIONS, COMING ON FOR
ADMISSION, THIS DAY, S.G.PANDIT, J, DELIVERED THE
FOLLOWING:
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M.F.A. NO.100803 OF 2020
C/W M.F.A. NO.103012 OF 2019
M.F.A. CROB NO.100034 OF 2021
M.F.A. CROB NO.100041 OF 2022
JUDGMENT
Though the appeals and cross-objections are listed for Admission, with the consent of the learned counsel on both side, the same are taken up for final disposal.
2. Since the above appeals and cross-objections arise out of the same accident, they are taken up together and disposed of by this common judgment.
3. The appeal in M.F.A. No.100803/2020 is filed by the North-East Karnataka State Road Transport Corporation (hereinafter referred to as 'Corporation') and M.F.A. Crob No.100041/2022 is filed by the claimants against the judgment and award, dated 17.10.2019, passed in M.V.C. No.35/2019 by the Senior Civil Judge and Motor Accident Claims Tribunal-XIII, Hagaribommanahalli (for short, 'the Tribunal').
4. The appeal in M.F.A. No.103012/2020 is filed by Karnataka State Road Transport Corporation (hereinafter -8- M.F.A. NO.100803 OF 2020 C/W M.F.A. NO.103012 OF 2019 M.F.A. CROB NO.100034 OF 2021 M.F.A. CROB NO.100041 OF 2022 referred to as 'Corporation') and M.F.A. Crob No.100034/2021 is filed by the claimants against the judgment and award, dated 21.02.2019, passed in M.V.C. No.650/2018 by the Senior Civil Judge and Motor Accident Claims Tribunal-XIII, Hagaribommanahalli (for short, 'the Tribunal').
5. Heard Sri. S.C.Bhuti, learned counsel for the appellant-Corporation, and Sri. M.Amaregouda and Sri. Gourishankar H.Mot, learned counsels for the cross- objectors-claimants. Perused the appeal memorandum and the Trial Court records.
6. Brief facts of the case are that,
a) On 25.02.2018, one Santosh, along with pillion rider viz., Anand Naik, was proceeding on a motor cycle bearing registration No.KA-35/L-3164 and when they were near Lakshmi Poultry Farm, a KSRTC bus bearing registration No.KA-35/F-114 came from opposite -9- M.F.A. NO.100803 OF 2020 C/W M.F.A. NO.103012 OF 2019 M.F.A. CROB NO.100034 OF 2021 M.F.A. CROB NO.100041 OF 2022 direction and dashed to the motor cycle resulting in death of both the rider and the pillion rider on the spot.
b) The legal representatives of the deceased Anand Naik filed a claim petition in M.V.C. No.35/2019 under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for the accidental death of Anand Naik. It is stated that the deceased was aged 27 years as on the date of the accident, and was earning Rs.20,000/- per month by doing agricultural work.
c) The legal representatives of the deceased Santosh filed a claim petition in M.V.C. No.650/2018 under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for the accidental death of Santosh. It is stated that the deceased was aged 27 years as on the date of the accident, and was earning Rs.20,000/- per month by doing agricultural work and milk vending business.
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M.F.A. NO.100803 OF 2020 C/W M.F.A. NO.103012 OF 2019 M.F.A. CROB NO.100034 OF 2021 M.F.A. CROB NO.100041 OF 2022
d) On service of notice, the respondents appeared in both claim petitions and filed their separate written statement. The 2nd respondent (Corporation) before the Tribunal denied the claim petition averments and further contended that the accident occurred due to the negligence of the rider of the motor cycle who lost control over the bike and dashed to the KSRTC bus. It is also submitted that interim compensation in a sum of Rs.50,000/- was paid to the legal representatives of the deceased Santosh and Anand Naik, i.e., the claimants in M.V.C. No.35/2019 and M.V.C. No.650/2018/
e) The Tribunal, on consideration of the oral and documentary evidence on record, awarded a sum of Rs.18,83,600/- (in M.V.C. No.35/2019) on the following heads:
1) Loss of dependency Rs. 17,13,600/-
2) Loss of love and affection Rs. 1,00,000/-
3) Towards funeral expenses Rs. 15,000/-
4) Loss of Estate Rs. 15,000/-
5) Loss of consortium to the 1st Rs. 40,000/-
petitioner
TOTAL Rs. 18,83,600/-
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M.F.A. NO.100803 OF 2020
C/W M.F.A. NO.103012 OF 2019
M.F.A. CROB NO.100034 OF 2021
M.F.A. CROB NO.100041 OF 2022
While awarding the above compensation, the Tribunal has assessed the income of the deceased at Rs.8,000/-
per month, added 40% of the assessed income towards future prospects, deducted 1/4th of the assessed income towards personal expenses of the deceased and has applied multiplier '17'.
f) In M.V.C. No.650/2018, the Tribunal, on consideration of the oral and documentary evidence on record, awarded a sum of Rs.20,27,840/- on the following heads:
1) Loss of dependency Rs. 18,27,840/-
2) Loss of love and affection Rs. 50,000/-
3) Towards funeral expenses Rs. 15,000/-
4) Loss of Estate Rs. 15,000/-
5) Loss of consortium to the 1st Rs. 40,000/-
petitioner
6) Towards filial consortium to the Rs. 80,000/-
petitioner No.5 and 6 only.
TOTAL Rs. 20,27,840/-
While awarding the above compensation, the Tribunal has assessed the income of the deceased at Rs.8,000/-
per month, added 40% of the assessed income towards future prospects, deducted 1/5th of the
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M.F.A. NO.100803 OF 2020 C/W M.F.A. NO.103012 OF 2019 M.F.A. CROB NO.100034 OF 2021 M.F.A. CROB NO.100041 OF 2022 assessed income towards personal expenses of the deceased and has applied multiplier '17'.
7. The appellant-Corporation in both the appeals are before this Court questioning the quantum of compensation as well as negligence, while the cross- objectors/claimants, not being satisfied with the quantum of compensation, are before this Court seeking enhancement of the compensation.
8. Learned counsel Sri. S.C. Bhuti appearing for the appellant-Corporation would contend that the accident occurred solely due to the negligence of the rider of the motor bike and the Tribunal has erroneously saddled the liability on the Corporation. Learned counsel would submit that the driver of the bus was driving the bus on the left side of the road, and it is the rider of the motor bike who was riding the bike in a rash and negligent manner and dashed to the KSRTC bus. The Tribunal without
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M.F.A. NO.100803 OF 2020 C/W M.F.A. NO.103012 OF 2019 M.F.A. CROB NO.100034 OF 2021 M.F.A. CROB NO.100041 OF 2022 appreciating the material on record has saddled the liability on the Corporation.
9. Learned counsel for the appellant-Corporation further submitted that when the claimants failed to place on record any material to establish the income of the deceased persons, the assessment of income by the Tribunal is on the higher side. Further learned counsel, submitted that in M.F.A. No.103012/2019, the respondent No.6, the brother of the deceased Santhosh, would not be entitled for loss of consortium. Therefore, he prays for modifying the impugned judgment and award by reducing the compensation.
10. Insofar as M.F.A. No.100803/2020 is concerned, the learned counsel for the appellant- Corporation submitted that the Tribunal committed an error in assessing the income of the deceased at Rs.8,000/- per month and he submits that in the absence of any material to establish the income, the assessment of
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M.F.A. NO.100803 OF 2020 C/W M.F.A. NO.103012 OF 2019 M.F.A. CROB NO.100034 OF 2021 M.F.A. CROB NO.100041 OF 2022 income by the Tribunal is on the higher side. He further submitted that the Tribunal could not have granted Rs.1,00,000/- on the head of loss of love and affection placing reliance on the decision of the National Insurance Company Limited Vs. Pranay Sethi & Others1.
11. Per contra, learned counsels for the cross- objectors/claimants would submit that the accident took place solely due to negligence on the part of the driver of the KSRTC bus. They would refer to the sketch at Ex.P.5 and submit that the rider of the motor cycle was riding on the left side of the road and the KSRTC bus took to the right and dashed against the motor cycle, and moreover, the charge sheet is filed against the driver of the bus. Thus, they submitted that the finding of the Tribunal that the accident occurred due to the negligence of the driver of the KSRTC Bus is proper and correct.
12. Learned counsels appearing for the cross- objectors/claimants would submit that the income 1 AIR 2017 SC 5157
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M.F.A. NO.100803 OF 2020 C/W M.F.A. NO.103012 OF 2019 M.F.A. CROB NO.100034 OF 2021 M.F.A. CROB NO.100041 OF 2022 assessed by the Tribunal at Rs.8,000/- per month in respect of the deceased in both the claim petitions is on the lower side. They submitted that this Court as well as the Lok-Adalat, while settling the accidental claims of the year 2018, would normally assess the notional income of a person at Rs.11,750/- in terms of the Chart prepared by the Karnataka Legal Services Authority, and the Tribunal ought to have assessed the income at Rs.11,750/-. Hence, they pray for assessing the income of the deceased persons at Rs.11,750/- per month.
13. Learned counsels for the cross-objectors would further submit that the claimants would be entitled for parental and filial consortium as held by the Apex Court in the case of Magma General Insurance Company Ltd., Vs. Nanu Ram and Others2.
14. Having heard the learned counsels for the parties and on perusal of the records of the Tribunal the following points would arise for consideration: 2
2018 ACJ 2782
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M.F.A. NO.100803 OF 2020 C/W M.F.A. NO.103012 OF 2019 M.F.A. CROB NO.100034 OF 2021 M.F.A. CROB NO.100041 OF 2022
i) Whether the Tribunal is justified in holding that the accident occurred due to the negligence on the part of the driver of the KSRTC Bus bearing registration No.KA-
35/F-114?
ii) Whether the income assessed by the Tribunal at Rs.8,000/- per month, in respect of both the deceased, is proper and correct?
iii) Whether the cross-objectors/claimants
would be entitled for enhanced
compensation?
15. The answers to the points i) and ii) would be in the affirmative and negative respectively, and point iii) is answered holding that the cross-objectors/claimants are entitled for enhancement of compensation for the following reasons:
a) The accident which occurred on 25.02.2018 involving motor cycle bearing registration No.KA-35/L-3164 and KSRTC bus bearing registration No.KA-35/F-114, and
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M.F.A. NO.100803 OF 2020 C/W M.F.A. NO.103012 OF 2019 M.F.A. CROB NO.100034 OF 2021 M.F.A. CROB NO.100041 OF 2022 the resultant death of the rider (Santhosh) and pillion rider (Anand Naik) are not in dispute in this appeal. The appellant-Corporation is in appeals questioning the judgment and award on the ground of quantum of compensation awarded by the Tribunal and also alleging negligence on the part of the rider of the motor bike, whereas the cross-objectors/claimants are before this Court seeking enhancement of the compensation.
b) The rider of the bike i.e. Santhosh, along with pillion rider-Anand Naik, was proceeding on the motor cycle bearing registration No.KA-35/L-3164 and, when they were near Lakshmi Poultry farm, the KSRTC Bus came from opposite side and dashed to the motor cycle due to which the rider and the pillion rider died on the spot. Admittedly, the charge sheet is filed against the driver of the KSRTC bus. We have perused Ex.P.5 sketch. A perusal of Ex.P.5-sketch would indicate that the accident has taken place on the left side of the
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M.F.A. NO.100803 OF 2020 C/W M.F.A. NO.103012 OF 2019 M.F.A. CROB NO.100034 OF 2021 M.F.A. CROB NO.100041 OF 2022 road. The bike was coming from Hospet to Hagaribommanahalli and the KSRTC bus was coming from Hagaribommanahalli to Hospet. The KSRTC Bus took extreme right and dashed to the motor cycle. Ex.P.7 is MVI Report (produced in M.V.C. No.650/2018) which indicates that the bus was damaged on its right front side. Therefore, we are of the considered opinion that the accident had taken place solely due to the negligence of the driver of the KSRTC Bus and the finding arrived at by the Tribunal that the accident had taken place due to the negligence of the driver of the KSRTC bus needs no interference.
c) In both the claim petitions, the Tribunal has assessed the income of the deceased persons at Rs.8,000/- per month, which is on the lower side. This Court and the Lok-Adalat, while settling the accidental claims of the year 2018, would normally assess the income at Rs.11,750/- per month based on the Chart prepared
- 19 -
M.F.A. NO.100803 OF 2020 C/W M.F.A. NO.103012 OF 2019 M.F.A. CROB NO.100034 OF 2021 M.F.A. CROB NO.100041 OF 2022 by the Karnataka State Legal Services Authority. In the instant case, in the absence of material to establish the income of the deceased persons, it would be just and appropriate for this Court to assess the income notionally. Taking note of the Chart prepared by the Karnataka State Legal Services Authority, we deem it proper to assess the notional income of the deceased persons at Rs.11,750/- per month. The Tribunal has added 40% of the assessed income towards future prospects which needs no interference. In both the claim petitions, the deceased persons were aged 27 years and the multiplier '17' applied by the Tribunal is also correct. In M.V.C. No.35/2019, the deduction made by the Tribunal towards personal expenses of the deceased is 1/4th and in M.V.C. No.650/2018 the deduction made in 1/5th, which is also proper and correct and needs no interference.
d) The Tribunal has awarded interest at the rate of 8% per annum on the compensation amount. Normally,
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M.F.A. NO.100803 OF 2020 C/W M.F.A. NO.103012 OF 2019 M.F.A. CROB NO.100034 OF 2021 M.F.A. CROB NO.100041 OF 2022 the rate of interest on the compensation would be 6% per annum. Therefore, the interest awarded by the Tribunal at the rate of 8% per annum is reduced to 6% per annum.
e) In M.F.A. Crob. No.100041/2022 (in M.V.C. No.35/2019) The income of the deceased having been assessed at Rs.11,750/- per month, the cross-objectors/claimants will be entitled to loss of dependency at Rs.25,16,850/- [Rs.11,750/- + 40% = Rs.16,450/- x 12 x 17 less 1/4th].
It is seen that the Tribunal has awarded Rs.1,00,000/- towards love and affection which is erroneous and opposed to decision of the Hon'ble Apex Court rendered in Pranay Sethi's case (supra). However, the claimants No.2 to 5 would be entitled to parental and filial consortium at the rate of Rs.40,000/- each. The Tribunal has awarded compensation of Rs.15,000/- each 'towards loss of
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M.F.A. NO.100803 OF 2020 C/W M.F.A. NO.103012 OF 2019 M.F.A. CROB NO.100034 OF 2021 M.F.A. CROB NO.100041 OF 2022 estate' and 'funeral expenses' as per the decision of the Pranay Sethi's case.
On re-assessment, the cross-objectors/claimants in MFA crob No.100041/2022 are entitled to enhanced compensation as under:
1) Loss of dependency Rs. 25,16,850/-
2) Towards funeral expenses Rs. 15,000/-
3) Loss of Estate Rs. 15,000/-
4) Loss of consortium to the 1st Rs. 40,000/-
petitioner
5) Loss of parental and filial Rs. 1,60,000/-
consortium to the petitioners
No.2 to 5
TOTAL Rs. 27,46,850/-
Thus, the claimants are entitled to total compensation of Rs.27,46,850/- with interest at the rate of 6% per annum from the date of claim petition till the date of realisation.
f) In M.F.A. Crob. No.100034/2021 (in M.V.C. No.650/2018) The income of the deceased having been assessed at Rs.11,750/- per month, the cross-objectors/claimants will be entitled to loss of dependency at
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M.F.A. NO.100803 OF 2020 C/W M.F.A. NO.103012 OF 2019 M.F.A. CROB NO.100034 OF 2021 M.F.A. CROB NO.100041 OF 2022 Rs.26,84,640/- [Rs.11,750/- + 40% = Rs.16,450/- x 12 x 17 less 1/5th].
It is seen that the Tribunal has awarded Rs.50,000/- towards love and affection which is erroneous and opposed to decision of the Hon'ble Apex Court rendered in Pranay Sethi's case (supra). The Tribunal has awarded compensation towards loss of spousal consortium to claimant No.1, and 'loss of filial consortium' to claimants Nos.5 and 6 in a sum of Rs.40,000/- each. However, the Tribunal has not awarded compensation towards loss of parental consortium to claimants No.2 to 4. Hence, claimants No.2 to 4 would be entitled to loss of parental consortium at the rate of Rs.40,000/- each. The Tribunal has awarded compensation of Rs.15,000/- each 'towards loss of estate' and 'funeral expenses' as per the decision of the Pranay Sethi's case.
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M.F.A. NO.100803 OF 2020 C/W M.F.A. NO.103012 OF 2019 M.F.A. CROB NO.100034 OF 2021 M.F.A. CROB NO.100041 OF 2022 On re-assessment, the cross-objectors/claimants in MFA crob No.100034/2021 are entitled to enhanced compensation as under:
1) Loss of dependency Rs. 26,84,640/-
2) Towards funeral expenses Rs. 15,000/-
3) Loss of Estate Rs. 15,000/-
4) Loss of consortium to the 1st Rs. 40,000/-
petitioner
5) Towards filial consortium to the Rs. 80,000/-
petitioner No.5 and 6 only.
6) Towards parental consortium to Rs. 1,20,000/-
the petitioners No.2 to 4
TOTAL Rs. 29,54,640/-
Thus, the claimants are entitled to total compensation of Rs.29,54,640/- with interest at the rate of 6% per annum from the date of claim petition till the date of realisation.
16. It is submission of the learned counsel for the appellants-Corporation that a sum of Rs.50,000/- is paid to the claimants in both the claim petitions as interim compensation. Learned counsels appearing for the cross- objectors/claimants would not dispute the same and admit the receipt of the same. Therefore, from out of the
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M.F.A. NO.100803 OF 2020 C/W M.F.A. NO.103012 OF 2019 M.F.A. CROB NO.100034 OF 2021 M.F.A. CROB NO.100041 OF 2022 compensation now re-assessed, in both the claim petitions, Rs.50,000/- is required to be deducted.
17. On deduction of interim compensation of Rs.50,000/- from out of the compensation re-assessed by this Court, the cross-objectors/claimants, in M.F.A. Crob.100041/2022 (MVC No.35/2019) would be entitled to a total compensation of Rs.26,96,850/-.; and the cross- objectors/claimants, in M.F.A. Crob.100034/2021 (MVC No.650/2018) would be entitled to a total compensation of Rs.29,04,640/-. The interest on the compensation now reassessed by this Court shall be paid at the rate of 6% per annum from the date of claim petition and the date of deposit.
18. In view of the above, we pass the following:
ORDER
a) The appeals and cross-objections are allowed in part.
b) The impugned judgments and awards of the Tribunal in M.V.C. No.650/2018 and M.V.C.
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M.F.A. NO.100803 OF 2020 C/W M.F.A. NO.103012 OF 2019 M.F.A. CROB NO.100034 OF 2021 M.F.A. CROB NO.100041 OF 2022 No.35/2019 are modified. The cross- objectors/claimants, in M.F.A. Crob.
No.100041/2022 (MVC No.35/2019) are entitled to a total compensation of Rs.26,96,850/-; and the cross- objectors/claimants, in M.F.A. Crob. No.100034/2021 (MVC No.650/2018) are entitled to a total compensation of Rs.29,04,640/-. c) The interest on the compensation now
reassessed by this Court shall be paid at the rate of 6% per annum from the date of claim petition and the date of deposit.
d) The appellant-Corporation shall deposit the compensation amount with accrued interest before the Tribunal within six weeks from the date of receipt of certified copy of this judgment.
e) Apportionment, deposit and disbursement of the enhanced compensation shall be made as per the award of the Tribunal.
f) Draw modified award accordingly.
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M.F.A. NO.100803 OF 2020 C/W M.F.A. NO.103012 OF 2019 M.F.A. CROB NO.100034 OF 2021 M.F.A. CROB NO.100041 OF 2022 Registry to transmit the records to the Tribunal forthwith.
The amount deposited, if any, by the appellant- Corporation before this Court be transmitted to the concerned Tribunal.
No order as to costs.
Sd/-
JUDGE Sd/-
JUDGE KMS List No.: 1 Sl No.: 46