Karnataka High Court
The Divisional Manager vs Sri Obaiah on 12 July, 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JULY 2017
BEFORE
THE HON'BLE MR. JUSTICE N.K. SUDHINDRARAO
M.F.A.No.2443/2014(MV)
BETWEEN:
THE DIVISIONAL MANAGER
THE ORIENTAL INSURANCE CO.LTD,
SHARADHA COMPLEX,
CHITRADURGA
NOW REPRESENTED BY ITS
REGIONAL MANAGER,
REGIONAL OFFICE, 2ND FLOOR
SUMANGALA COMPLEX,
LAMINGTON ROAD,
HUBLI-580020 ..APPELLANT
(BY SMT HARINI SHIVANANDA, ADVOCATE)
AND:
1.SRI OBAIAH
S/O BORAIAH @ BORAPPA
AGED ABOUT 51 YEARS,
R/O LAKAMPURA
GADIMARIKUNTE POST,
JAGALUR TALUK,
DAVANAGERE DISTRICT
NOW R/O JCR EXTENSION,
1ST CROSS,
CHITRADURGA
2.SMT.CHOWDAMMA
W/O OBAIAH
AGED ABOUT 45 YEARS
R/O LAKAMPURA
GADIMARIKUNTE POST,
2
JAGALUR TALUK,
DAVANAGERE DISTRICT
NOW R/O JCR EXTENSION,
1ST CROSS,
CHITRADURGA
3.G.O.RAMESH
S/O OBAIAH
AGED ABOUT 29 YEARS,
R/O LAKAMPURA
GADIMARIKUNTE POST,
JAGALUR TALUK,
DAVANAGERE DISTRICT
NOW R/O JCR EXTENSION,
1ST CROSS,
CHITRADURGA
4.G.O.PRAKASH
S/O OBAIAH
AGED ABOUT 24 YEARS,
R/O LAKAMPURA
GADIMARIKUNTE POST,
JAGALUR TALUK,
DAVANAGERE DISTRICT
NOW R/O JCR EXTENSION,
1ST CROSS,
CHITRADURGA
5.THE MANAGING DIRECTOR
KSRTC, DOUBLE ROAD,
SHANTHINAGAR,
BENGALURU
6.THE CHAIRMAN
INTERNAL SECURITY FUND KSRTC
DOUBLE ROAD,
SHANTHINAGAR,
BENGALURU-560027 ..RESPONDENTS
(BY SMT SUMANGALA A SWAMY, ADVOCATE FOR R-5 & R-6,
SRI V.B.SIDDARAMAIAH, ADVOCATE R-1 TO 4)
3
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:31.01.2014 PASSED IN MVC
NO.299/2013 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE AND ADDITIONAL MACT-V, CHITRADURGA,
AWARDING COMPENSATION OF `27,75,700/- WITH INTEREST
6% P.A FROM THE DATE OF PETITION TILL THE DATE OF
DEPOSIT.
THIS MFA COMING ON FOR FINAL HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The matter is listed at Sl.No.83 of the cause list that was notified well in advance and the stage is for final hearing. Learned counsel for appellant present but for respondent absent.
2. Considering the stage, the matter is taken up for disposal.
3. This appeal is directed against the Judgment and award dated 31.01.2014 passed in MVC No.299/2013 by the II Additional Senior Civil Judge and Additional MACT-V, Chitradurga, wherein a compensation of `27,75,700/- payable by insurer together with interest @ 6% p.a. from 4 the date of petition till the date of deposit to the claimants 1 to 4 as the dependents of one Revanasiddappa.
4. In order to avoid confusion and overlappings the parties are hereinafter addressed with reference to their respective rankings as it stood before the Tribunal.
5. Claim petition in MVC No.299/2013 came to be initiated because of the incident on 24.10.2011 at about 2.45 A.M. one Revanasiddappa was traveling in KSRTC bus bearing reg.No.KA-18/F-518 from Bengaluru to Shivamogga. In the course of the journey between Kudlur and Shivapura of Tarikere Taluk, the vehicle was driven in a rash and negligent manner with high velocity and dashed against road side tree because of which Revanasiddappa and other passengers sustained severe injuries.
6. Revanasiddappa was taken to Government Hospital, Tarikere wherein he was medically attended but because of the grievous injuries he was shifted to Mc.Gann Hospital, 5 Shivamogga and later to KMC, Manipal. But being unable to recover he succumbed to injuries on 30.10.2011.
7. The petitioners are said to be dependents who lost Revanasiddappa. They claim `40,000/- for expenditure towards obsequies ceremony, `1,50,000/- towards medical expenses and other heads including the major on loss of dependency. The investigating officer submitted the final report also.
8. After appearance, the respondent contended there was no accident or injury leading to death as claimed. Learned counsel for appellant (3rd respondent) would submit that it is a case where the compensation has been exorbitant and contrary to the principles laid down and dependents are not entitled for compensation.
9. Basing on the material proposition asserted by one and denied by other and learned Member of the Tribunal framed issues regarding the accident dated 24.10.2011, negligence, injuries and entitlement for compensation. 6
10. Revanasiddappa was said to be a Government Servant drawing a salary of `13,225/- per month as per salary certificate Exhibit P.13.
11. Compensation granted by the learned Member to the dependents are as under:
SL.NO. DESCRIPTION AMOUNT
1. Loss of dependency ` 26,36,700.00
2. Loss of love and affection ` 50,000.00
3. Loss of expectation of life ` 10,000.00
4. Transportation of dead ` 25,000.00
body and funeral and
obsequies ceremonies
expenses
5. Medical bills ` 54,000.00
Total ` 27,75,700.00
12. Learned counsel for the appellant would submit that Tribunal has considered the personal and living expenses and deducted 1/3rd for personal and living expenses regard being had to the fact that Revanasiddappa was unmarried on the date of the accident. The gross is `13,225/- per month and deductions are KGID `1,000/-, group insurance `120/-, professional tax `150/-, NPS `1,263/-, the learned 7 Member finds income at further examining the total salary of `13,225/- and net salary being taken at `10,692/-.
Salary at `12,925/-, age of Revanasiddappa on the date of accident is 28 years, Multiplier `17'. Thus, the tribunal granted compensation as under:
`12,925x12=`1,55,100x17 =`26,36,700/-
13. In the facts and circumstances, the assessment regarding the heads of income are taken care of by the learned Member except deduction of personal and living expenses which is 1/3rd of the notional income (salary). Revanasiddappa who laboured injury and died due to impact of the injuries was unmarried as on the date of accident. Thus, equitable deduction should have been half and not 1/3rd. Thus, the Tribunal should have considered half of monthly income towards personal and living expenses. Thus it is this head that calls for interference. Thus, loss of dependency -
8
Notional income `12,925/-
Add: 50% towards
Future prospects `6,463/-
------------
`19,388/-
Less: 50% towards
Personal expenses `9,694/-
-------------
`9,694/-
Multiplier `17'
`9,694X12x17 = `19,77,576/-
14. Thus the total compensation payable will be
`19,77,576/-. Thus amount of `6,59,124/- is reduced from the award granted by the Tribunal.
15. The other conventional heads do not deserve to be meddled and they form just compensation.
Hence, I proceed to pass the following:
ORDER
1. Appeal is allowed in part.
2. Judgment and award dated 31.01.2014 passed in MVC No.299/2013 by the II Additional Senior Civil Judge and Addl. MACT-V, Chitradurga, in its present 9 shape is set aside and modified by reducing `6,59,124/-.
3. Petitioners-claimants are entitled for compensation of `21,16,576/- (`27,75,700-`6,59,124) instead of `27,75,700/-.
4. Insurance company is directed to deposit the compensation amount with interest @ 6% p.a. within four weeks from the date of receipt of the certified copy of this order.
5. The manner of apportionment and disbursement of compensation gets proportionately reduced to the extent of reduction made by this Court.
6. Amount in deposit shall be transmitted to the jurisdictional Tribunal forthwith.
Sd/-
JUDGE SBN