North East Karnataka Road Transport Corporation, Gulbarga v. Vaijinath
2005-06-22
K.SREEDHAR RAO
body2005
DigiLaw.ai
JUDGMENT K. Sreedhar Rao, J.—The deceased Sunilkumar in MVC No. 68 of 1998 got down from the bus. He was collecting the refund of excess payment for the ticket. One of the cotton bales loaded on the top of the bus, accidentally fell down on the deceased resulting in mishap. 2. The Appellant-KSRTC on the other hand contends that the deceased was unloading his luggage by getting on to the top and he fell down. The police have registered a case in UDR No. 1 of 1996. The manner of accident as stated by the Petitioner is corroborated by the police investigation. Permitting unsafe keeping of luggage on the top of the bus by the conductor amounts to an actionable negligence and NEKRTC becomes vicariously liable for negligence and liable to pay compensation. 3. The deceased is aged about 21 years and had passed ITI. The deceased is a bachelor. The parents of the deceased are the Petitioners. The income of the deceased could be assessed at Rs. 2,500/- per month. 50% has to be defrayed towards personal expenses of the deceased. The total loss of dependency would be in a sum of Rs. 2,10,000/- (Rs. 1,250/- x 12 x 14 multiplier). The Petitioner are entitled to a sum of Rs. 10,000/- towards loss of expectancy and a sum of Rs. 3,000/ towards funeral expenses. This Court in Gulam Khader's case reported in Gulam Khader and Another Vs. United India Insurance Company Limited and Another, ILR (2000) KAR 4416 , has held that in case of death of a bachelor the compensation payable towards loss of estate shall not be a conventional sum. Hence, 10% of the income defrayed towards personal expenses would be considered as his savings and the compensation payable towards loss of estate would be Rs. 21,000/- (Rs. 125/- x 12 x 14 multiplier). In all, the Petitioners are entitled to a total compensation of Rs. 2,44,000/- with interest at 6% p.a. from the date of petition till payment. 4. Accordingly, the appeal is allowed in part as indicated above. The amount in deposit to be transmitted to the Tribunal for disbursement.