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Karnataka High Court · body

2009 DIGILAW 571 (KAR)

Geetha v. Managing Director KSRTC

2009-07-30

H.BILLAPPA, N.K.PATIL

body2009
Judgment :- This appeal arises out of the judgment and award dated 5th July 2004 passed in M.V.C.No.637/2002 on the file of the Motor Accidents Claims Tribunal, Bangalore (SCCH-2) (‘Claims Tribunal’ for brevity), on the ground that, the amount awarded by Claims Tribunal is inadequate and requires enhancement. 2. The facts in nutshell are, one Sri.B.N. Chikkegowda, who was a Traffic Controller in the respondent Corporation is the deceased in this case. The appellants 1 and 4 are the wife and mother of the deceased and appellants 2 and 3 are the sons of the deceased. That on 10th October 2001, at about 6.30 A.M. When the deceased was traveling in an ambassador car bearing No.CKP-1155 on Bangalore-Mangalore National Highway near Abbar Factory, the driver of the car drove the same in a rash and negligent manner and dashed against a road side tree, as a result of which, the deceased sustained severe head injuries. Immediately, he was shifted to NIMHANS, and subsequently to D.G. hospital where he died on 11th October 2001. On account of the death of the deceased in the motor accident, the claimants appellants herein have filed the claim petition seeking compensation of Rs.15.00 lakhs. The said claim petition had come up before the Claims Tribunal on 5th July 2004 and the Claims Tribunal, after hearing the learned counsel for the parties and after considering the oral and documentary evidence and other material on file, has awarded in all, a sum of Rs.6,25,000/-with interest at 6% per annum from the date of petition till the date of deposit. Being not satisfied with the compensation awarded by the Claims Tribunal, the appellants have presented this appeal seeking enhancement of compensation in respect of loss of dependency, loss of future income and also funeral expenses and to award compensation towards loss of love and affection. 3. Learned counsel appearing for the appellants at the outset submitted that, the Claims Tribunal has committed an error in taking the income of the deceased at Rs.7,000/-without any basis and contrary to the salary certificate produced by the appellants, which showed that, the deceased was getting gross salary of Rs.8,586.20 and out of the said sum, the only permissible deductions were Rs.150/-towards professional tax and Rs.165/-towards unpaid DA for the month of September. Further, the Claims Tribunal has failed to take into consideration the future prospects of the deceased who was aged about 48 years at the time of accident and had got another eight years of service. Therefore, the Claims Tribunal has erred in taking the income of the deceased at Rs.7,000/-per month in spite of the documentary evidence available on file. 4. Further, he submitted that the amount awarded towards funeral expenses is also inadequate and needs enhancement. He also pointed out that the Claims Tribunal has not awarded any amount towards loss of love and affection in respect of appellants 2 and 3. Therefore, he submitted that the judgment and award passed by the Claims Tribunal is liable to be modified by making appropriate enhancements under the aforesaid heads. 5. Per contra, learned counsel for Corporation, inter alia, contended and substantiated that the impugned judgment and award passed by the Claims Tribunal is just and proper and does not call for interference. 6. After hearing learned counsel for appellants and learned counsel for respondent Corporation and after careful evaluation of the original records available on file including the judgment and award passed by the Claims Tribunal, the only question that arise for our consideration is, Whether the compensation awarded by the Claims Tribunal is just and proper? It is undisputed that, the deceased was working as Traffic Controller at mangalore Depot of the respondent Corporation. As per Ex.P9, the deceased was getting gross salary of Rs.8,586.20 out of which, the only permissible deductions were a sum of Rs.150/-towards professional tax and Rs.165/-towards unpaid DA for the month of September. If these two amounts are deducted from Rs.8,586.20, the balance is Rs.8,271/-. The Claims Tribunal has failed to take into consideration the future prospects of the deceased who was aged about 48 years at the time of accident and had another twelve years of service had he been alive. Having regard to the increments, promotions and revision of pay, etc. which the deceased would have got, if 30% is added, the total amount comes to Rs.10,752/-. Out of the said sum, if 1/3rd is deducted, the net salary comes to Rs.7,166/-. Having regard to the increments, promotions and revision of pay, etc. which the deceased would have got, if 30% is added, the total amount comes to Rs.10,752/-. Out of the said sum, if 1/3rd is deducted, the net salary comes to Rs.7,166/-. Relying upon the decision in Sarla Varma’s case ( 2009 ACJ 1298 paragraph 11) and by adopting the appropriate multiplier of ‘13’ the compensation payable towards loss of dependency including future prospects comes to Rs.11,17,896/-and the same is rounded off to Rs.11,17,900/-. Accordingly, a sum of Rs.11,17,900/-is awarded towards loss of dependency. 7. The Claims Tribunal has awarded a sum of Rs.5,000/-towards funeral expenses. Since the same appears to be inadequate we deem it appropriate to enhance the same to Rs.10,000/-. 8. The Claims Tribunal has failed to award any amount towards loss of love and affection in respect of appellants 2 and 3, as rightly pointed out by learned counsel for appellants. Having regard to the relationship of father and sons between the deceased and appellants 2 and 3, we consider it appropriate to award a sum of Rs.5,000/-each to appellants 2 and 3 which totally comes to Rs.10,000/-towards loss of love and affection. 9. In so far as the amount awarded by the Claims Tribunal towards loss of estate and loss of consortium is concerned, the same is just and proper and does not call for interference. 10. In view of the discussion made above, we deem it fit to enhance the total compensation from Rs.6,25,000/-to Rs.11,57,900/-and the breakup is as follows: 1. Towards loss of dependency Rs.11,17,900/- 2. Towards funeral expenses Rs. 10,000/- 3. Towards loss of estate Rs. 10,000/- 4. Towards loss of consortium Rs. 10,000/- 5. Towards loss of love and affection Rs. 10,000/- Total Rs. 11,57,900/- 11. In the light of the facts and circumstances of the case, as stated above, the appeal filed by appellants is allowed in part. The impugned judgment and award passed by the Claims Tribunal dated 5th July 2004 in M.V.C.No.634/2002 is modified by awarding total compensation of Rs.11,57,900/-instead of Rs.6,25,000/-(enhancement being Rs.5,32,900/-) with interest at the rate of 6% per annum from the date of petition till the date of realization. The respondent Corporation is directed to deposit the enhanced compensation with accrued interest at 6% within a period of eight weeks from today. The respondent Corporation is directed to deposit the enhanced compensation with accrued interest at 6% within a period of eight weeks from today. Out of the enhanced compensation, 50% shall be deposited in Fixed Deposit in any Nationalized/Scheduled Bank for a period of three years in the name of the appellants in equal proportion with liberty to draw the half yearly interest. The remaining sum shall be released in favour of the appellants immediately after the deposit is made by the Corporation. Draw up the award accordingly.