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2009 DIGILAW 89 (KAR)

Managing Director KSRTC, Bangalore v. Lalithamma

2009-02-02

K.SREEDHAR RAO, S.N.SATYANARAYANA

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Judgment :- One Ramakrishna was on duty as a conductor in the KSRTC bus. A KSRTC lorry collided with the bus resulting in the death of Ramakrishna. The Tribunal has assessed the compensation as per the terms of the workmen’s compensation Act (for short ‘the Act’), which appears to be incorrect. The liability to pay compensation as per the Act would arise only in a case where policy issued as per the terms of Section 147 of the Motor Vehicles Act. Here, no such policy is issued. The KSRTC bus has got a self insurance fund. Therefore, the compensation has to be assessed and payable as per the general principles of tort. The wife and three minor children had filed petition seeking compensation. The KSRTC is in appeal challenging the quantum of compensation. The deceased was getting salary of Rs.5100/-p.m. Out of Rs. 5100/-, total amount of Rs.1071/-to be deducted (Rs.170/-towards bata, Rs.881.30 ps. Towards overtime allowance and Rs.20/-towards washing allowance). The net salary would be Rs.4029/- p.m. (Rs.5100-Rs.1071) which is rounded off to Rs.4030/-. As per unit system, 1/4th to be deducted towards personal expenses. Rs.3022/-p.m. rounded off to Rs.3025/-p.m. would ensure to the benefit of the dependents. The total loss of dependency would be Rs.5,80,800/-(3025x12x16). The wife is entitled to Rs.25,000/-towards loss of consortium. The petitioners together are entitled to Rs25,000/-towards loss of expectancy and Rs.10,000/-towards funeral expenses. In all, the petitioners are entitled to Rs.6,40,800/-with interest at 6% per annum from the date of petition till payment as against Rs.7,00,000/-awarded by the Tribunal. The appeal of the KSRTC is allowed. The amount in deposit to be transferred to the Tribunal for payment.