Karnataka High Court
Neelakantappa @ Neelakantaiah vs Sri Babu Shivaram Mahishale on 19 February, 2013
Author: N.K.Patil
Bench: N.K.Patil
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 19TH DAY OF FEBRUARY, 2013
:PRESENT:
THE HON'BLE MR.JUSTICE N.K.PATIL
AND
THE HON'BLE MR.JUSTICE V.SURI APPA RAO
M.F.A.No. 1625 OF 2010 (MV)
Between:
1. Neelakantappa
@ Neelakantaiah,
S/o. Late Sri. Kotraiah,
Aged about 52 years,
R/at. No.54,
Near Soma Flour Mill,
R.M.V. II Stage,
Bhoopasandra,
Bangalore-94.
2. Smt. Jayamma,
W/o. Nellakanthappa,
Aged about 46 years,
R/at. No.54,
Near Soma Flour Mill,
R.M.V. II Stage,
Bhoopasandra,
Bangalore-94.
....Appellants
(By Sri. G.B. Manjunatha, Advocate)
And:
1. Sri. Babu Shivaram Mahishale,
S/o. Shivaram Mahishale,
2
Aged about 42 years,
Driver of the KSRTC Bus,
Raibag T.No.589,
Chikkodi Division,
Belgaum District.
2. The General Manager,
Karnataka State Road
Transport Corporation,
Kengal Hanumanthaiah Road,
Shanthinagar,
Bangalore-27.
....Respondents
(By Sri. F.S.Dabali, Advocate for R2;
R1 served)
********
This MFA is filed U/s. 173(1) of MV Act against the
Judgment and Award dated: 08/09/2009 passed in MVC No.
377/2005 on the file of the Presiding Officer, Fast Track
Court-II and Motor Accident Claims Tribunal, Bangalore (R)
District, Bangalore, partly allowing the claim petition for
compensation and seeking enhancement of compensation.
This M.F.A. coming on for Hearing this day,
N.K. PATIL J, delivered the following:
:J U D G M E N T:
This appeal by the appellants-claimants is arising out of the impugned judgment and award dated 08/09/2009 passed in MVC No.377/2005 by the Presiding Officer, Fast Track Court-II and Motor Accident Claims Tribunal, Bangalore (R) District, Bangalore, (hereinafter referred to as 'Tribunal' for 3 short), for enhancement of compensation, on the ground that a sum of `4,50,000/- awarded by the Tribunal under different heads, with interest at 6% per annum from 29.10.2009 till its deposit against the claim of `31,50,000/-, on account of the death the deceased Sri. Karthik, in the road traffic accident is inadequate and it requires enhancement.
2. In brief, the facts of the case are:
The appellant Nos.1 and 2 are the parents of the deceased Sri. Karthik. They filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation on account of the death of the deceased in the road traffic accident, contending that, on 26.5.2005 deceased along with his relatives has boarded the bus bearing Reg.No.KA.23.F.194 at Dharwad and while the bus was moving near Satish Petrol Bunk on NH4 Nelamangala at about 00.45 a.m. on 27.5.2005, the driver of the said bus drove the same in a rash and negligent manner and hit to a lorry 4 bearing Reg.No.MP.09.KD.1975 which was parked on the left side of the road, due to which, deceased and other inmates have sustained grievous injuries.
Immediately he was shifted to General Hospital Nelamangala and then to M.S. Ramaiah and deceased succumbed to the injuries on the way to M.S. Ramaiah Hospital.
3. It is the further case of the appellants that, deceased was aged about 18 years, hale and healthy prior to the accident, studying in final year Electronic and Mechanical ITI and conducting tuition classes during his leisure. Due to his untimely death, appellants have lost their son, who was their future hope and security, apart from mental shock and agony.
4. The said claim petition had come up for consideration before the Tribunal. The Tribunal, after appreciating the oral and documentary evidence and other material available on file, has allowed the claim petition in part and awarded the compensation of `4,50,000/- under 5 different heads, with interest at 6% per annum from 29.10.2009 till its deposit.
5. Being dis-satisfied with the quantum of compensation awarded by the Tribunal, the appellants have presented this appeal, for enhancement of compensation.
6. We have heard the learned counsel appearing for the appellants and learned counsel for Corporation.
7. After hearing the learned counsel for the appellants and after careful perusal of the material available on record at threadbare, including the impugned judgment and award passed by the Tribunal, it could be seen that, the occurrence of the accident and resultant death of the deceased are not in dispute. It is also not in dispute that deceased was aged about 18 years, studying in final year Electronic and Mechanical ITI and also conduction tuition classes during his leisure time and appellants are his parents. Further, it emerges that, the income of the deceased assessed by 6 the Tribunal at `5,000/- per month is on lower side and needs to be re-assessed. Therefore, having regard to the age, qualification of the deceased and the year of the accident, we re-assess his income at `6,000/- per month. Out of which, if 50% (`3,000/-) is deducted towards the personal expenses of the deceased since he was a bachelor, his net income comes to `3,000/- per month. Accepting the multiplier of '14' adopted by the Tribunal, taking the age of the younger parent of the deceased-mother who was 42 years since the deceased was a bachelor, we re-determine the loss of dependency at `5,04,000/- (`3,000/- x 12 x 14) instead of `4,20,000/- awarded by the Tribunal and accordingly, it is awarded.
8. Having regard to the facts and circumstances of the case, we award a sum of `45,000/- towards conventional heads, such as, , loss of love and affection, loss of estate and transportation and funeral expenses instead of `30,000/- awarded by the Tribunal. In all, 7 the appellants are entitled to a total compensation of `5,49,000/- instead of `4,50,000/-. There would be an enhancement of `99,000/- with interest at 6% p.a., from the date of petition till its realization.
9. For the foregoing reasons, the appeal filed by the appellants is allowed in part and the impugned judgment and award dated 08/09/2009 passed in MVC No.377/2005 by the Presiding Officer, Fast Track Court- II and Motor Accident Claims Tribunal, Bangalore (R) District, Bangalore, is hereby modified, awarding the compensation of `99,000/- with interest at 6% p.a., from the date of petition till its realization, in addition to the compensation awarded by the Tribunal.
The 2nd respondent-Corporation is directed to deposit the enhanced compensation of `99,000/- with interest at 6% p.a., from the date of petition till the date of realization, within a period of three weeks from the date of receipt of a copy of this judgment. 8
Immediately on deposit by the Corporation, the enhanced compensation with interest shall be released in favour of the appellant Nos.1 and 2 in equal proportion.
Draw the award, accordingly.
SD/-
JUDGE SD/-
JUDGE tsn*