Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2024 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA MISCELLANEOUS FIRST APPEAL NO. 4100 OF 2021 C/W MISCELLANEOUS FIRST APPEAL NO. 2187 OF 2020 IN MFA No. 4100/2021: BETWEEN: ABDUL KHUDDUS S/O BABA SAB AGED ABOUT 58 YEARS, SINCE DEAD BY HIS LRS
1. DILSHAD BANU W/O ABDUL KHUDDUS AGED ABOUT 53 YEARS, Digitally signed
by KIRAN PRESENT ADDRESS KUMAR R C/O SHAKH, MALLIKARJUNA NAGARA Location: 4TH MAIN ROAD, SAKALESHPURA.HIGH COURT OF KARNATAKA R/AT EDGA MOHALLA, A B M HALLI, MALLIPATTANA HOBLI ARAKALAGUDE TALUK.
2. UMAS PASHA AGED ABOUT 41 YEARS, GONIKOPPA, HARISH COMPOUND, VEERAJAPETE.
3. AYUB PASHA AGED ABOUT 39 YEARS, -2-
4. KHAYUM PASHA W/O ABDUL KHUDDUS AGED ABOUT 37 YEARS, PETITIONER No. 1, 2, 4 AND 5 ARE R/AT EDGA MOHALLA, A B M HALLI, MALLIPATTANA HOBLI ARAKALAGUDE TALUK.
5. FASIHA BANU W/O TANVEER PASHA AGED ABOUT 35 YEARS, DAUD SAB STREET, 3RD CROSS, BELUR …APPELLANTS (BY SRI. SHRIPAD V SHASTRI., ADVOCATE) AND:
1. DIVISIONAL CONTROLLER,
KSRTC, CHIKKAMAGALURU. …RESPONDENT (BY SRI. B.PALAKSHAIAH., ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.09.2019 PASSED IN MVC NO. 1638/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., M.A.C.T., SAKALESHPUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 2187/2020: BETWEEN:
1. THE DIVISIONAL CONTROLLER
KSRTC CHIKKAMAGALURU, NOW REP. CHIEF LAW OFFICER, -3- SARIGE BHAVANA, KH ROAD, SHANTHINAGARA, BANGALORE-560027. ...APPELLANT (BY SRI. B PALAKSHAIAH., ADVOCATE) AND:
1. ABDUL KHUDDUS S/O BABASAB, AGE 57 YEARS,
2. DILSHAD BANU W/O ABDUL KHUDDUS AGE 52 YEARS, BOTH C/O SHAKH, MALLIKARJUNANAGARA, 4TH MAIN ROAD, SAKALESHPURA-573127.
3. UMAS PASHA AGE 40 YEARS, R/A GONIKOPPA, N HARISH COMPOUND, VERJAPETE-571218.
4. AYUB PASHA AGE 38 YEARS,
5. KHAYUM PASHA AGE 36 YEARS, BOTH ARE RESIDING AT EDGA MOHALLA, ABM HALLI, MALLIPATTANA HOBLI, ARKALGUDU TALUK-573102.
6. FASIHA BANU
W/O THANVEER PASHA, AGE 34 YEARS, -4- R/AT DAUD SAB STREET, 3RD CROSS, BELUR-573115. ...RESPONDENTS (BY SRI. SHRIPAD V.SHASTRI., ADVOCATE FOR R-1 TO R-6) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MV
ACT, AGAINST THE JUDGMENT AND AWARD DATED:03.09.2019 PASSED IN MVC NO.1638/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SAKALESHPUR, AWARDING COMPENSATION OF RS.9,46,000/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. The KSRTC as well as the claimants are in appeal.
2. The KSRTC is in appeal contending that the Tribunal
had erred in holding that the driver of the bus was driving the bus in a rash and negligent manner and that was the reason for the accident. They seek to produce a photograph along with an application in this appeal to contend that the negligence was on the part of the rider of the motorcycle. -5-
3. The Tribunal, on the other hand, has recorded a
finding on the basis of rough sketch produced by the driver which indicated that the accident had occurred at a curve and it has accordingly concluded that the accident was due to the rash and negligent driving of the driver of the bus. It has also taken note of the fact that the police after investigation had laid a charge sheet against the driver of the KSRTC.
4. In my view, having regard to the spot mahazar and
IMV report, it is clear that the accident had occurred due to the rash and negligent driving of the driver of the bus. The fact that the police had laid a charge sheet against the driver of the bus also fortifies the same. In this view of the matter, there is no merit in the appeal of the KSRTC and the same is therefore dismissed.
5. As far as the appeal of the claimants seeking
enhancement is concerned. The Tribunal has recorded a finding that the deceased was earning a sum of Rs.8,000/- per month notionally, since there was no evidence as to -6- the actual income of the deceased. In such circumstances, since the accident is of the year 2018, it would be appropriate to adopt the notional income determined by the Karnataka State Legal Services Authority, which would be Rs.12,500/-. Since the deceased was aged 28 years, future prospects of 40% requires to be added to the same, which makes his income to be Rs.17,500/- (Rs.12,500/- + Rs.5,000/-). Since the deceased was a bachelor, 50% requires to be deducted from the same, which makes his income to be Rs.8,750/-.
6. Thus, the claimants would be entitled to Rs.17,85,000/- (Rs.8,750/- X 12 X 17) towards loss of dependency.
7. The claimants would also be entitled to Rs.48,400/-
each towards loss of love and affection, which would be Rs.2,42,000/- (Rs.48,400/- X 5 members). They are also entitled to a sum of Rs.36,300/- towards miscellaneous expenses. -7-
8. Thus, the claimants would be entitled to a sum of
Rs.20,63,300/- as against Rs.9,46,000/- as compensation along with interest at the rate of 6% p.a. on the enhanced compensation from the date of petition till its realization.
9. The KSRTC is directed to deposit the amount of compensation within a period of two months from the date of receipt of a copy of this judgment.
10. The other aspects of the award of the Tribunal remain undisturbed.
11. The appeal of the claimants is accordingly allowed in part. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 47