Bangalore District Court
In: Sri. B.Vishwanath Kiran vs In: 1.United India Insurance Co.Ltd on 1 April, 2016
COURT OF XXI ADDITIONAL SMALL CAUSES JUDGE AND
THE MOTOR ACCIDENT CLAIMS TRIBUNAL
(SCCH-23) AT BENGALURU
DATED THIS THE 1st DAY OF APRIL 2016
PRESENT: Smt. M.Rashmi, LLB, LLM.,
XXI ADDL. SCJ & XIX ACMM
MEMBER - MACT
BANGALORE
M.V.C No.3232 c/w 3233, 3234 of 2014
PETITIONER IN: Sri. B.Vishwanath Kiran,
MVC No.3232/2014 S/o. T.R. Bhaskar,
Aged about 19 years,
R/at No.1628/1629, 6th Main,
"E" Block, Rajajinagar II Stage,
Bangalore -560010.
PETITIONER IN: Sri. B.Vishwanath Kiran,
MVC No.3233/2014 S/o. T.R. Bhaskar,
Aged about 19 years,
R/at No.1628/1629, 6th Main,
"E" Block, Rajajinagar II Stage,
Bangalore -560010.
PETITIONER IN: Sri. B.Vishwanath Kiran,
MVC No.3234/2014 S/o. T.R. Bhaskar,
Aged about 19 years,
R/at No.1628/1629, 6th Main,
"E" Block, Rajajinagar II Stage,
Bangalore -560010.
(By Sri.K.T.G.Prasad, Advocate)
2 MVC.No.3232 c/w 3233 & 3234 of 2014
SCCH-23
Vs.
RESPONDENTS IN: 1.United India Insurance Co.Ltd.,
ALL CASES No.89/1, Sampige Road,
11th Cross, Malleswaram,
Bangalore -560003.
(Insurer of Car bearing reg.
No.KA-04-Z-6760)
(By Sri. Janardhan Reddy, Advocate)
2. Sri. T.R.Bhaskar,
Since deceased by his legal
Representative
Sri. T.S.Ramachandran,
S/o. Selvaraj Mudaliar,
R/at: No. 1628/1, 6th Main,
"E" Block, Rajajinagar II Stage,
Bangalore -560010.
(Owner of Car bearing reg.
No.KA-04-Z-6760)
(Exparte)
3. New India Assurance Co.Ltd.,
Regional office, Mission Road,
Bangalore-560001.
(insurer of Car bearing reg.
No.KA-12-A-3898)
(By Sri. V.Subramani, Advocate)
4. Sri. M. Chandrashekar
S/o. B.Rukmaiah, Kamangeri Village,
Madikeri Post, Madikeri Taluk,
3 MVC.No.3232 c/w 3233 & 3234 of 2014
SCCH-23
Madikeri-571201.
(Owner of Car bearing
Reg. No.KA-12-A-3898)
(By Sri.K.N.Manjunath, Advocate)
****
JUDGMENT
The petitions are filed Sec.166 of M.V. Act seeking compensation of Rs.3,00,50,000/- in MVC No.3232/2014, compensation of Rs.5,06,50,000/- in MVC No.3233/2014 and compensation of Rs.5,00,50,000/- in MVC No.3234/2014 for the death of T.R.Bhaskar, Smt. K.Shanthi and Kum. Rajeshwari Divya B respectively from the respondents.
2. The petition averments in MVC 3232/2014 is that on 16-09-2013 at about 1.00 p.m. the deceased T.R. Bhaskar was returning from Mysore to Bengaluru along with his wife Smt.K,Shanthi and daughter Rajeshwari Divya.B in a Car bearing No.KA-04-Z-6760 and the deceased T.R. Bhaskar was driving the said Car carefully and cautiously on Bengaluru Mysore road. When they reached near Basavanapura, Ramanagar District 4 MVC.No.3232 c/w 3233 & 3234 of 2014 SCCH-23 another car bearing Registreation No.KA-12-A-3898 which came from the opposite direction in a rash and negligent manner, near the place of accident there was no proper road divider and hence both the vehicles have collided. Due to the impact the driver of Car T.R. Bhaskar and his daughter Rajeshwari Divya.B died at the spot. While Smt. K. Shanthi died at BGS Global Hospital, Kengeri on 29.9.2013. The accident was solely due to the rash and negligent driving of the opposite vehicle. The deceased T.R. Bhaskar was aged about 58 years at the time of accident and was hale and healthy. He was doing business in plywood under the name and style of M/s. Dolphim Enterprises at Vijayanagar, Amarjyothinagarm Bengaluru earning Rs.25.000/- per month and was also an Income Tax Assessee. The deceased left behind only surviving member i.e. the petitioner who is the son of deceased. The petitioner was a student and was completely dependent upon the earning of the deceased. The accident took place due to rash and negligent driving of the opposite vehicle. The petitioner is claiming compensation of Rs.3 crores for the loss of dependency. Also Rs.50.000/- towards funeral expenses. 5 MVC.No.3232 c/w 3233 & 3234 of 2014
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3. In MVC 3233/2014 the petitioner has reiterated the facts stated in MVC 3232/2014. The deceased is his mother. His mother K. Shanthi died at BGS Global Hospital, Kengeri on 29.9.2013 due to the accident. The deceased K. Shanthi was aged about 58 years at the time of accident and was hale and healthy enjoying robust health and strong personality. The deceased was working as Senior Accounts Assistant in Indian Academy of Sciences at C.V.Raman Avenue, Bengaluru-560 080 earning Rs.67.000/- per month and was also an Income Tax Assessee. The deceased had bright future in her career and earnings. The deceased left behind only surviving member i.e. the petitioner who is a major, a student. The petitioner has claimed Rs.5 crores towards loss of dependency, Rs.6,00,000/- towards medical expenses and Rs.50,000/- for funeral expenses.
4. In MVC 3234/014 the petitioner has reiterated the facts stated in MVC 3232/2014 and MVC 3233/2014. The petition is filed seeking compensation for the death of his sister Rajeshwari Divya.B. The deceased Kum. Rajeshwari Divya B, 6 MVC.No.3232 c/w 3233 & 3234 of 2014 SCCH-23 was aged about 29 years at the time of accident and was hale and healthy. The deceased was working as a Software Engineer, Technical Specialist-Testing in M/s. Phillips India Ltd., Manyatha Tech Park, Nagavara, Bengaluru-560 045 and earning Rs.8,07,598/- per annum and was also an Income Tax Assessee. The petitioner is the brother of decease. Further the education of the petitioner is disturbed due to the sudden loss of his family members in the accident which affects his future career. The petitioner has claimed compensation of Rs.5 crores for the death of his sole sister towards loss of dependency and Rs.50,000/- towards funeral expenses.
5. The 1st respondent who is the insurance company has filed the written statement stating that the petitioner is neither resident of Bangalore nor he is working in Bangalore. The claim petition is not maintainable in law or on facts. The petitioner is the class I hire of deceased Sri. T.R. Bhaskar. But he has made his grant father as the legal reprehensive of deceased Bhaskar. Hence the claim petition is not sustainable in facts or on facts. 7 MVC.No.3232 c/w 3233 & 3234 of 2014
SCCH-23 They have not complied with Section 158(6) of IMV Act. The insured has violated the terms and conditions of the policy as the driver was not having effective driving licence. The accident had occurred due to the rash and negligent driving of the offending car bearing No.KA-12-A-3898. Hence claim petition against this respondent is dismissed.
6. Even after service of notice 2nd respondent has not put up his appearance. Hence 2nd respondent is placed exparte.
7. The 3rd respondent has filed the written statement stating that on the day of the accident as per the policy record the offending car was registered in the name of T.R. Bhaskar who is the father of the petitioner. When that being the case the petitioner has impleaded Mr. T.S. Ramachandran who is his father of deceased T.R. Bhaskar as the LR of T.R. Bhaskar. The petitioner being the class I heir of the deceased person becomes the absolutely responsible for both the assets and liability of his parents, as one of the necessary respondent in the claim petition. On the day of the accident Bhaskar was the owner of the vehicle. 8 MVC.No.3232 c/w 3233 & 3234 of 2014
SCCH-23 Hence the claim petition is filed by the petitioner is not maintainable. As Mr. Vishwanath cannot be the petitioner and the respondent, he has prudently impleaded Mr. T.S. Ramachandran who is the no where concerned with the ownership of the vehicle as the 2nd respondent. The insured has not complied with Section 134(c) of Motor Vehicles Act. They are not liable to pay compensation and indemnified the insured. Further the allegations made by the petitioner is specifically denied. Hence prayed that the petition be dismissed.
8. The 4th respondent has filed the written statement stating that the petition is not maintainable and the petitioner is not entitled for the compensation. Further they have reiterated the objection and contention taken by the 1st and 3rd respondent. It is stated that they are not liable to pay compensation. Hence prayed that the claim petition be dismissed.
9. Heard. The counsel for petitioners has relied upon the citations reported in AIR 1982 KAR 288, AIR 1998 KAR 17, 2014(3) SCC 590, 2008 (3) SCC 748, AIR 1982 KAR 288 and AIR 9 MVC.No.3232 c/w 3233 & 3234 of 2014 SCCH-23 1998 KAR 17. Further the counsel for 1st respondent has relied upon the citations reported in MFA No.10912/2012 (MV) c/w 10499/2012, 2003 ACJ 1498, AIR 1998 SC 257 and 1998 ACJ
121. Also the counsel for 3rd respondent has relied upon the citation reported in ILR 2016 KAR 55.
10. On the basis of the above pleading this tribunal has framed the following issues:
In MVC 3232 of 2014
1. Whether the petitioner proves that on 16.09.2014 at 1:00 p.m, on Bengaluru -
Mysore Road, near Basavanapura, Ramanagara Taluk the death of T.R. Bhaskar in the accident was due to the rash and negligent driving by the driver of the car bearing registration No.KA-04-Z-6760?
2. Whether the petitioners are entitled for compensation? If so, how much and from whom?
3. What Order?
In MVC 3233 of 2014
1. Whether the petitioner proves that on 16.09.2014 at 1:00 p.m, on Bengaluru - Mysore 10 MVC.No.3232 c/w 3233 & 3234 of 2014 SCCH-23 Road, near Basavanapura, Ramanagara Taluk the death of Smt. K. Shanthi in the accident was due to the rash and negligent driving by the driver of the car bearing registration No.KA-04-Z-6760?
2. Whether the petitioners are entitled for compensation? If so, how much and from whom?
3. What Order?
In MVC 3234 of 2014
1. Whether the petitioner proves that on 16.09.2014 at 1:00 p.m, on Bengaluru - Mysore Road, near Basavanapura, Ramanagara Taluk the death of Kum. Rajeshwari Divya B in the accident was due to the rash and negligent driving by the driver of the car bearing registration No.KA-04-Z-6760?
2. Whether the petitioners are entitled for compensation? If so, how much and from whom?
3. What Order?
11. On the basis of materials available on record my finding on the above issues are as under:
11 MVC.No.3232 c/w 3233 & 3234 of 2014
SCCH-23 Issue No.1 in all cases: Affirmative Issue No.2 in MVC 3232/2014: Negative Issue No.2 in MVC 3233/2014 & MVC 3234/2014: Partly Affirmative Issue No.3 in all cases: As per final order for the following:
REASONS
12. Issue No.1 in all the cases: The petition averments in MVC 3232/2014 is that on 16-09-2013 at about 1.00 p.m. the deceased T.R. Bhaskar was returning from Mysore to Bengaluru along with his wife Smt.K,Shanthi and daughter Rajeshwari Divya.B in a Car bearing No.KA-04-Z-6760 and the deceased T.R. Bhaskar was driving the said Car carefully and cautiously on Bengaluru Mysore road. When they reached near Basavanapura, Ramanagar District another car bearing Registreation No.KA-12- A-3898 which came from the opposite direction in a rash and negligent manner, near the place of accident there was no proper road divider and hence both the vehicles have collided. Due to the impact the driver of Car T.R. Bhaskar and his daughter Rajeshwari Divya.B died at the spot. While Smt. K. Shanthi died 12 MVC.No.3232 c/w 3233 & 3234 of 2014 SCCH-23 at BGS Global Hospital, Kengeri on 29.9.2013. The accident was solely due to the rash and negligent driving of the opposite vehicle. The deceased T.R. Bhaskar was aged about 58 years at the time of accident and was hale and healthy. He was doing business in plywood under the name and style of M/s. Dolphim Enterprises at Vijayanagar, Amarjyothinagarm Bengaluru earning Rs.25.000/- per month and was also an Income Tax Assessee. The deceased left behind only surviving member i.e. the petitioner who is the son of deceased. The petitioner was a student and was completely dependent upon the earning of the deceased. The accident took place due to rash and negligent driving of the opposite vehicle. The petitioner is claiming compensation of Rs.3 crores for the loss of dependency. Also Rs.50.000/- towards funeral expenses.
13. In MVC 3233/2014 the petitioner has reiterated the facts stated in MVC 3232/2014. The deceased is his mother. His mother K. Shanthi died at BGS Global Hospital, Kengeri on 29.9.2013 due to the accident. The deceased K. Shanthi was 13 MVC.No.3232 c/w 3233 & 3234 of 2014 SCCH-23 aged about 58 years at the time of accident and was hale and healthy enjoying robust health and strong personality. The deceased was working as Senior Accounts Assistant in Indian Academy of Sciences at C.V.Raman Avenue, Bengaluru-560 080 earning Rs.67.000/- per month and was also an Income Tax Assessee. The deceased had bright future in her career and earnings. The deceased left behind only surviving member i.e. the petitioner who is a major, a student. The petitioner has claimed Rs.5 crores towards loss of dependency, Rs.6,00,000/- towards medical expenses and Rs.50,000/- for funeral expenses.
14. In MVC 3234/014 the petitioner has reiterated the facts stated in MVC 3232/2014 and MVC 3233/2014. The petition is filed seeking compensation for the death of his sister Rajeshwari Divya.B. The deceased Kum. Rajeshwari Divya B, was aged about 29 years at the time of accident and was hale and healthy. The deceased was working as a Software Engineer, Technical Specialist-Testing in M/s. Phillips India Ltd., Manyatha Tech Park, Nagavara, Bengaluru-560 045 and earning 14 MVC.No.3232 c/w 3233 & 3234 of 2014 SCCH-23 Rs.8,07,598/- per annum and was also an Income Tax Assessee. The petitioner is the brother of decease. Further the education of the petitioner is disturbed due to the sudden loss of his family members in the accident which affects his future career. The petitioner has claimed compensation of Rs.5 crores for the death of his sole sister towards loss of dependency and Rs.50,000/- towards funeral expenses.
15. On the other hand the 1st respondent who is the insurance company has denied that the petitioner is neither resident of Bangalore nor he is working in Bangalore. The claim petition is not maintainable in law or on facts. The petitioner is the class I hire of deceased Sri. T.R. Bhaskar. But he has made his grant father as the legal reprehensive of deceased Bhaskar. Hence the claim petition is not sustainable in facts or on facts. They have not complied with Section 158(6) of IMV Act. The insured has violated the terms and conditions of the policy as the driver was not having effective driving licence. The accident had occurred due to the rash and negligent driving of the offending car 15 MVC.No.3232 c/w 3233 & 3234 of 2014 SCCH-23 bearing No.KA-12-A-3898. Hence claim petition against this respondent is dismissed.
16. The 3rd respondent has denied that on the day of the accident as per the policy record the offending car was registered in the name of T.R. Bhaskar who is the father of the petitioner. When that being the case the petitioner has impleaded Mr. T.S. Ramachandran who is his father of deceased T.R. Bhaskar as the LR of T.R. Bhaskar. The petitioner being the class I heir of the deceased person becomes the absolutely responsible for both the assets and liability of his parents, as one of the necessary respondent in the claim petition. On the day of the accident Bhaskar was the owner of the vehicle. Hence the claim petition is filed by the petitioner is not maintainable. As Mr. Vishwanath cannot be the petitioner and the respondent, he has prudently impleaded Mr. T.S. Ramachandran who is the no where concerned with the ownership of the vehicle as the 2nd respondent. The insured has not complied with Section 134(c) of Motor Vehicles Act. They are not liable to pay compensation and 16 MVC.No.3232 c/w 3233 & 3234 of 2014 SCCH-23 indemnified the insured. Further the allegations made by the petitioner is specifically denied. Hence prayed that the petition be dismissed.
17. The 4th respondent has denied that the petition is not maintainable and the petitioner is not entitled for the compensation. Further they have reiterated the objection and contention taken by the 1st and 3rd respondent. It is stated that they are not liable to pay compensation. Hence prayed that the claim petition be dismissed.
18. In support of the case in MVC 3232 C/w 3233 & 3234 of 2014 B. Vishwanath Kiran who is the petitioner in all the cases has got himself examined as PW-1. In his affidavit filed in lieu of his examination chief he has reiterated the facts stated in the petition. He has furnished documents namely FIR with complaint, spot mahazar, spot sketch, inquest mahazar of T.R Bhaskar, IMV report, PM report of T.R.Bhaskar, Income Tax Returns for the year 2010-11, 2011-12- and 2012-13, PM report of Smt. Shanthi Bhaskar, inquest mahazar of Smt. Shanthi Bhaskar, 17 MVC.No.3232 c/w 3233 & 3234 of 2014 SCCH-23 salary certificate, Form No.16, PM report of Kumari Divya, inquest mahazar of Kumari Divya, salary certificate, Form No.16, Form No.12 (B), insurance policy.
19. Further one Chandan T.V. has been examined as PW-2. In his affidavit filed in lieu of his examination chief he has stated that he is aware of the accident that had occurred on 16.09.2013 at about 1:00 p.,m, on Bangalore - Mysore Road, near Ramanagar. On the said day he along with his friend went to Srirangapatan in the car bearing No.KA-51-MC-1356 for the purpose of immersing the ashes of T.R.Bhaskar's mother. After the last rites T.R. Bhaskar, his wife and daughter were returning to Bangalore in car bearing No.KA-04-Z-6760. The brother of T.R. Bhaskar, Sri. Hemanth Kumar, Vishwanath Kiran, T.C. Ramachandran and Sri. Suresh were coming in another car bearing No.KA-02-MC-1653. While he along with his friends Sri. Vishal, Sridar and Shamanth were coming in a car bearing No.KA-51-MC-1356 and he was driving the car. When they came near Basavanapura Ramanagar District another car bearing o.KA- 18 MVC.No.3232 c/w 3233 & 3234 of 2014
SCCH-23 12-A-3898 which was coming in the opposite direction in a rash and negligent manner colluded with the car of T.R. Bhaskar. Due to the accident T.R.Bhaskar, his wife and daughter died. He has stated that the accident was solely due to the rash and negligent driving of the opposite vehicle.
20. Also one Vinay Shinde, Senior Manager HR has been examined as PW-3. He has furnished the documents namely resolution of the company, carrier progression of their employee Divya, pay slip for the month of August 2013, full and final settlement pay slip for October 2013, Service certificate.
21. On the other hand Smt. Kusuma.K, Administrative officer at Insurance company has been examined as RW-1. In her affidavit filed in lieu of her examination chief she has reiterated the facts stated in the written statement.
22. Also on M.Chandrashekar has been examined as RW-2. In his affidavit filed in lieu of his examination chief he has reiterated the facts stated in the written statement. He has 19 MVC.No.3232 c/w 3233 & 3234 of 2014 SCCH-23 furnished the documents namely insurance policy, wound certificate, driving licence.
23. Further C.K.Suryaprakash, Assistant Manager of the New India Assurance Co. Ltd., has been examined as RW-3. In his affidavit filed in lieu of his examination chief he has reiterated the facts stated in the written statement. He has furnished the documents namely authorization letter, policy terms and conditions, charge sheet, motor vehicle claim form, B register extract, letter dated 18.03.2015, postal acknowledgement, rough sketch.
24. On considering the oral and documentary evidence placed before the tribunal it is pertinent for me to that the complainant in the present case by name Hemanth Kumar is the brother of the deceased person by name Bhaskar. He has stated that deceased Bhaskar was going along with wife and daughter in a Alto car bearing No.KA-04-Z-6760 drove his vehicle in rash and negligent manner so as to endanger the human life and he ran over the road divider of Bangalore - Mysore Road and dashed 20 MVC.No.3232 c/w 3233 & 3234 of 2014 SCCH-23 against the Logan car bearing No.KA-42-A-3898 which was proceeding from Bangalore to Mysore, accordingly FIR has been registered. Also as per the charge sheet the accident had occurred due to the rash and negligent driving of the car bearing No.KA-04-Z-6760 by name Bhaskar. Admittedly deceased Rajeswari Divya.B and K.Shanthi who were the occupants in car bearing No.KA-04-Z-6760 are the daughter and wife of deceased T.R. Bhaskar. Here itself it is pertinent to note that the petitioner has contended that the accident had occurred due to the rash and negligent driving of the Logan car which was coming in the opposite direction. But to prove the same no convincing evidence is placed. As such from the documents placed before the tribunal it can be safely said that the accident had occurred due to the rash and negligent driving of the deceased T.R. Bhaskar driver of the Alto car bearing No.KA-04-Z-6760 resulting in his death and also the death of the inmates of the car who are his wife and daughter respectively. Accordingly, Issue No.1 is all the cases answered in Affirmative.
21 MVC.No.3232 c/w 3233 & 3234 of 2014
SCCH-23
25. Issue No.2 in MVC 3232/2014: The petitioner has claimed compensation of Rs.3,00,50,000/- stating that the deceased T.R. Bhaskar was aged 58 years earning Rs.25,000/- p.m.
26. The petitioner in order to prove the age and income of the deceased person has furnished the salary certificate, income tax returns. As per salary certificate his income for the month of September 2014 was Rs.45,348/-. As per the charge sheet, postmortem report the age of the deceased T.R. Bhaskar was aged 59 years as on the date of the accident.
27. In the present case the accident had occurred due to the rash and negligent driving of T.R. Bhaskar who had crossed the center median which had plants on it, as brought out in the evidence before the tribunal which clearly shows that he was recklessly driving and had not bothered about his wife and daughter who were travelling in the car.
22 MVC.No.3232 c/w 3233 & 3234 of 2014
SCCH-23
28. Further the petitioner has furnished the copy of insurance policy of alto car bearing No.KA-4-Z-6760 wherein the insured is shown as T.R. Bhaskar. Also as per Ex.R-8 which is B register extract issued by the RTO office, Bangalore. As such from B register extract it can be safely said that at the time of the accident the deceased T.R. Bhaskar was registered owner of the car bearing No.KA-04-Z-6760 and he has to be represented by his LR i.e., his son who is a petitioner herein and not by the father of the deceased person. Even otherwise it is pertinent to note that the driving of T.R. Bhaskar was rash and negligent and he had crossed the road divider is against the traffic rules. Also it can be safely said that there has been no contributory negligence on the part of the logan car which was coming on the other side of the median. As such the accident had occurred solely due to the rash and negligent driving of the deceased T.R. Bhaskar. Hence this tribunal is of the considered view that the petitioner is not entitled to receive any compensation for the death of his father T.R. Bhaskar. Hence Issue No.2 in MVC 3232/2014 is answered in Negative.
23 MVC.No.3232 c/w 3233 & 3234 of 2014
SCCH-23
29. Issue No.2 in 3233 & 3234 of 2014: In MVC 3233/2014 the petitioner has claimed compensation of Rs.5,06,50,000/-. It is stated that at the time of the accident the deceased K.Shanthi Bhaskar was aged 58 years working as Senior Accounts Assistant in Indian Academy of Science earning Rs.67,000/- p.m.
30. The petitioner has not furnished any ID proof to establish the age of deceased Shanthi. But on perusal of the postmortem report it is observed that her age is shown as 58 years. As such it is said that at the time of the accident deceased Shanthi was aged 58 years of age.
31. The petitioner has furnished the salary certificate of Shanthi Bhaskar which is marked as Ex.P-10 wherein it is shown that for the month of September 2014 her net pay was Rs.45,348/- p.m.
32. In this regard it is pertinent for me to refer the cross- examination of PW-1 wherein it is elicited that the house which 24 MVC.No.3232 c/w 3233 & 3234 of 2014 SCCH-23 was standing in the name of T.R. Bhaskar is now transferred in his name and he is receiving the pension of Rs.10,000/- with respect to his mother which is directly transferred to his account. It is elicited that he has received insurance amount of Rs.1,50,000/- as due to the death of his mother on the strength of group insurance policy made by her. But he has not received any other benefits.
33. As per the decision reported in 2013 ACJ 1403 (Rajesh & other V.s Rajbir Singh & others) wherein it is observed that if a person in the age ground of 50 to 60 dies then 15% of the actual income has to be added to the income of the deceased person.
34. In the present case the income of deceased Shanthi is Rs.35,348/- p.m, and if 15% of the income is added the total income comes to Rs.40,650/- p.m.
35. The deceased is married lady with 2 children so 1/3rd income has to be deducted for her personal expenses i.e., 1/3rd of 25 MVC.No.3232 c/w 3233 & 3234 of 2014 SCCH-23 Rs.40,650/- which comes to Rs.13,550/- and the remaining income comes to Rs.27,100/-. As the age of deceased person as 58 years the multiplier "9" applicable. So loss of dependency is Rs.27,100 X 12 X 9 which comes to Rs.29,26,800/-. The petitioner being the son of deceased person is entitled to receive loss of dependency by deducting the group insurance received by him from the company i.e., Rs.29,26,800 - Rs.1,50,000 = Rs.27,76,800/-. Hence Rs.27,76,800/- is awarded under the head "loss of dependency".
36. The petitioner is the son. After the death of the deceased who was a mother, he has lost her love and affection. Hence, this tribunal is of the considered view that it would be just and proper to award compensation of Rs.1,00,000/- under the head "loss of love & affection".
37. Further for the transportation of the dead body, funeral and obsequies ceremony petitioner would have been 26 MVC.No.3232 c/w 3233 & 3234 of 2014 SCCH-23 carried out by the petitioner it is just and proper to award Rs.15,000/- towards "transportation and funeral expenses".
38. In MVC 3234/2014 the petitioner has claimed compensation of Rs.5,00,50,000 for the death of his sister Kum. Rajeshwari Divya.B. It is stated that at the time of accident she was aged 29 years working as Software Engineer, Technical Specialist - Testing at Philips India Limited earning Rs.8,07,598/- p.a.
39. The petitioner has not furnished any document to prove her age. But on perusal of PM report it is observed that she was aged 29 years. As such it can be safely said that deceased Rajeshwari Divya was aged 29 years at the time of the accident. The petitioner has furnished the letter issued by Philips India Limited wherein it is stated that Divya Rajeshwari Bhaskar was working in their company from 04.01.2010 to 16.09.2013 and her gross salary was Rs.8,07,598.81 p.a. and also furnished from No.16 issued by the company. Here itself it is pertinent for me to note that the petitioner has not placed any evidence to show that 27 MVC.No.3232 c/w 3233 & 3234 of 2014 SCCH-23 he was dependent upon the earning of his sister when his parents were working. In this regard it is pertinent for me to note that irrespective earning of her sister he cannot be dependent on his sister. Hence he is not entitled for compensation under the head "loss of dependency". But he is entitled for compensation under the head "loss of love and affection".
40. In view of the death of the sister of the petitioner this tribunal is of the considered view that it would be just and proper to award compensation of Rs.50,000/-. Hence, Rs.50,000/- is awarded to the petitioner under the head "loss of love & affection".
41. In the present case the petitioner had to bear expenses of the funeral and transportation of his parents and his sister. Even though in this regard no document is placed before the tribunal. Hence tribunal is of the considered view that it is just and proper to award Rs.15,000/- towards "transportation and funeral expenses".
28 MVC.No.3232 c/w 3233 & 3234 of 2014
SCCH-23
42. Taking into consideration the nature of death the petitioner in 3233 & 3234 of 2014, I deem it fit to award compensation under the conventional head:- Particulars MVC 3233/2014 MVC 3234/2014
1 Loss of Rs.27,76,800/- -
dependency 2 Loss of love and Rs.1,00,000/- Rs.50,000/- affection 7 Transportation of Rs.15,000/- Rs.15,000/-
dead body and funeral expenses Total Rs.28,91,800/- Rs.65,000/-
Therefore the petitioner is entitled to receive compensation of Rs.28,91,800/- in MVC 3233/2014 and Rs.65,000/- in MVC 3234/2014 with interest at the rate of 6% p.a. from the date of petitions till the date of realization.
43. In the present case it is pertinent for me to note that the petitioner has made the driver of the car bearing No.KA-12-A- 3898 as the 4th respondent and its insurer as the 3rd respondent. 29 MVC.No.3232 c/w 3233 & 3234 of 2014
SCCH-23 In this regard it is pertinent for me to note that as discussed supra deceased T.R. Bhaskar was rash and negligent in crossing over to the road divider and dashed against the car which was coming on the other side of divider. For the said act of the deceased person the owner of the car bearing No.KA-12-A-3898 and its insurer i.e., 3rd respondent cannot be held liable to pay the compensation to the petitioner. Hence the claim petition against 3rd and 4th respondent does not survive for consideration.
44. In the present case the petitioner has made his father T.R. Bhaskar as 2nd respondent and in the cause title it is stated since he is deceased he is represented by the legal representative by Sri. T.S. Ramachandran. The stand taken by the petitioner cannot be accepted to cause as per the B register extract furnished by the respondent Ex.R-8. The owner of the vehicle is shown as B.Vishwanath Kiran S/o T.R. Bhaskar. While the present petition seeking compensation is filed on 01.08.2014 from which it can be safely said that as on the date of the filing of the petition the petitioner had got the vehicle transfer to his name. 30 MVC.No.3232 c/w 3233 & 3234 of 2014
SCCH-23 The question as to who was the owner of the car bearing No.KA- 04-Z-6760 on the date of the accident i.e., 16.09.2013, undoubtedly it was T.R.Bhaskar when he is dead he has to be represented by his legal representative i.e., the surviving son who is the petitioner herein. But for the reasons known to him he has made his grand father who is the no way concerned with the vehicle and he is not the LR of T.R. Bhaskar. As discussed supra the petitioner is not entitled to receive compensation for the death of his father. But he is entitled to receive compensation in MVC 3233/2014 and 3234/2014. The 1st respondent being the insurer is liable to pay compensation for the death of the passengers in the car. The 1st respondent shall indemnify the insured. Accordingly Issue No.2 in all the cases are answered Partly Affirmative.
45. Issue No.3 in all the cases - In view of the discussion made supra, I proceed to pass the following : 31 MVC.No.3232 c/w 3233 & 3234 of 2014
SCCH-23 ORDER The claim petitions U/Sec., 166 of Motor Vehicles Act filed by the petitioner in MVC 3233 and 3234 of 2014 are hereby allowed in part with cost.
The claim petition U/Sec., 166 of Motor Vehicles Act filed by the petitioner in MVC 3232/2014 is hereby dismissed with cost.
The petitioner in MVC 3233/2014 are awarded total compensation of Rs.28,91,800/- with interest at the rate of 6% p.a. from the date of petition till the deposit of the amount in the tribunal.
The petitioners in MVC 3234/2014 are awarded total compensation of Rs.65,000/- with interest at the rate of 6% p.a. from the date of petition till the deposit of the amount in the tribunal.
Respondent Nos.1 & 2 are jointly and severally to pay compensation to the petitioner.
The 1st respondent shall deposit the compensation amount in the tribunal within the 30 days from the date of this order.
The petitioner in MVC 3234/2014 is at liberty to withdraw the entire compensation amount with interest.32 MVC.No.3232 c/w 3233 & 3234 of 2014
SCCH-23 In MVC 3233/2014 after the compensation being deposited, 50% to be released in favour of petitioners and remaining 50% to be kept in fixed deposit in any of the Nationalised Bank or Scheduled Bank for a period of three years free from encumbrance with liberty to draw the accrued periodical interest.
Advocate fee is fixed at Rs.1000/-.
Draw award accordingly.
(Dictated to the stenographer, transcript thereof is corrected and then pronounced by me in the Open Court on this the 1st day of April 2016) (M.RASHMI) XXI ADDL. SMALL CAUSES JUDGE ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PETITIONERS IN ALL THE CASES PW-1: B. Vishwanath Kiran PW-2: Chandan T.V.
PW-3: Vinay Shinde LIST OF DOCUMENTS MARKED ON BEHALF OF THE PETITIONERS IN ALL THE CASES 33 MVC.No.3232 c/w 3233 & 3234 of 2014 SCCH-23 Ex.P-1: FIR with complaint Ex.P-2: Spot Mahazar Ex.P-3: Spot Sketch Ex.P-4: Inquest Mahazar of T.R. Bhaskar Ex.P-5: IMV report Ex.P-6: PM Report of T.R. Bhaskar Ex.P-7: Income Tax Returns for the year 2010-11, 2011-12 and 2012-13 Ex.P-8: PM Report of Smt. Shanthi Bhaskar Ex.P-9: Inquest Mahazar of Smt. Shanthi Bhaskar Ex.P-10: Salary Certificate Ex.P-11: Form No.16 Ex.P-12: PM Report of Kumari Divya Ex.P-13: Inquest Mahazar of Kumari Divya Ex.P-14: Salary Certificate Ex.P-15: Form No. 16 Ex.P-16: Form No. 12 (b) Ex.P-17: Insurance Policy Ex.P-18: Resolution passed by Company Ex.P-19: Carrier Progression of employee Divya Ex.P-20: Pay Slip for the month of August 2013 Ex.P-21: Full and final settlement pay slip for October 2013 Ex.P-22: Service Certificate 34 MVC.No.3232 c/w 3233 & 3234 of 2014 SCCH-23 LIST OF WITNESSES EXAMINED ON BEHALF OF THE RESPONDENTS IN ALL THE CASES:
RW-1: Smt. Kusuma RW-2: M. Chandrashekar RW-3: C.K. Suryaprakash
LIST OF DOCUMENTS MARKED ON BEHALF OF THE RESPONDENTS IN ALL THE CASES:
Ex.R-1: Insurance policy
Ex.R-2: Wound Certificate
Ex.R-3: Diving licence
Ex.R-4: Letter of Authorization
Ex.R-5: Insurance Policy with terms and conditions
Ex.R-6: Charge sheet
Ex.R-7: Motor Vehicle Claim Form
Ex.R-8: B Register Extract
Ex.R-9: Letter issued from Insurance
to RTO dated 18.03.2015
Ex.R-10: Postal Acknowledgement
Ex.R-11: Spot sketch
(M.RASHMI)
XXI ADDL. SMALL CAUSES JUDGE