Karnataka High Court
Smt. Varalakshmamma vs The Managing Director Apsrtc on 22 September, 2022
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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MFA No. 8943 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 8943 OF 2012 (MV-)
BETWEEN:
SMT. VARALAKSHMAMMA
DEAD BY LRS
1. MUNIRAJU S/O NARAYANAPPA
AGED ABOUT 49 YEARS
2. ASHOK S/O MUNIRAJU
AGED ABOUT 23 YEARS
BOTH ARE R/AT VARADANAYAKANAHALLI
VILLAGE, KASABA HOBLI
Digitally
signed by SHIDLAGATTA TALUK
PANKAJA S ...APPELLANTS
Location: (BY SRI. P.L.NANJUNDASWAMY, ADVOCATE)
High Court
of Karnataka AND:
THE MANAGING DIRECTOR
APSRTC, SECUNDARABAD
PICKET DEPO, HYDERABAD
ANDRA PRADESH STATE
...RESPONDENT
(BY SRI. D.VIJAYKUMAR, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED
30.05.2012 PASSED IN MVC NO.15/2007 ON THE FILE OF
THE SENIOR CIVIL JUDGE, & CJM, MEMBER, ADDITIONAL
MACT, CHICKBALLAPUR, PARTLY ALLOWING THE CLAIM
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MFA No. 8943 of 2012
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. For the death of a 15 year old boy, a claim petition was filed under Section 163A of the Motor Vehicles Act, 1988 (for short 'the Act') by his mother. Initially the claim petition was filed under Section 166 of the Act and subsequently, the same was converted into one under Section 163A of the Act.
2. During the pendency of the said petition, the mother of the deceased passed away and the father of the deceased and his siblings continued the proceedings.
3. The Tribunal has taken the view that the father of the deceased is not entitled for any claim under the head of loss of dependency, as he was not a Class-I heir and has held that the father and the siblings can only be -3- MFA No. 8943 of 2012 awarded compensation of a sum of Rs.20,000/- under the head loss of love and affection.
4. In my view, this finding of the Tribunal is wholly incorrect. In a proceeding under Section 163A of the Act, the question of dependency would not arise and if an accident has occurred out of the use of a motor vehicle, resulting in death or permanent injury, the compensation is to be paid.
5. It cannot also be disputed that on the death of the mother of the deceased, her husband would be entitled to succeed to her estate and consequently be entitled to receive the compensation.
6. In this view of the matter, the findings of the Tribunal holding that the father and brother were not entitled to receive the compensation under the head of loss of dependency, is set aside.
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7. As far as the compensation is concerned, it is contended that the deceased was 15 year old and was earning Rs.40,000/- per annum.
8. In my view, this assertion deserves to be accepted and the claim being one under Section 163A of the Act, the claimants would be entitled to compensation as per the II Schedule to the Act.
9. As per Schedule II to the Act, in respect of a victim, whose age does not exceed 15 years, a multiplier of 15 is to be adopted and if the annual income is Rs.40,000/-, the claimants would be entitled to a sum of Rs.8,00,000/-.
10. Out of the said sum, 1/3rd of the same (Rs.2,66,667/-) has to be deducted towards the personal expenses of the deceased. Thus, the claimants would be entitled to a sum of Rs.5,33,333/- as compensation under Schedule II to the Act.
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11. In addition, the claimants, being the father and brother of the deceased, would also be entitled to a sum of Rs.44,000/- each towards loss of consortium i.e., in all Rs.88,000/- and Rs.33,000/- under conventional heads as held by the Apex Court in the case of NATIONAL INSURANCE COMPANY LIMITED Vs. PRANAY SETHI & OTHERS - (2017) 16 SCC 680.
12. Thus, the claimants, in modification of the impugned award, would be entitled to the following sums :
Compensation Sl.
Nature of Heads Awarded
No.
(In Rs.)
1 Compensation under II
5,33,333/-
Schedule to the Act
2 Loss of Consortium 88,000/-
3 Conventional Heads 33,000/-
TOTAL : 6,54,333/-
13. Thus, the claimants are entitled for total
compensation of Rs.6,54,333/- as against the
compensation awarded by the Tribunal at Rs.20,000/- -6- MFA No. 8943 of 2012 along with interest at six per cent per annum from the date of petition till its realisation.
14. The Insurance Company shall deposit the amount of compensation awarded along with interest within a period of eight weeks from the date of receipt of a certified copy of this judgment.
The appeal of the claimants is accordingly allowed in part.
SD/-
JUDGE RK CT:AN List No.: 2 Sl No.: 9