MFA No.201299/2016

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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 7^TH DAY OF JANUARY, 2021

BEFORE

THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ

MFA No.201299/2016 (MV)

Between:

1.

Devendrappa S/o Erappa Badiger

Age: 46 years, Occ: Carpenter

2.

Veeresh S/o Devendrappa Badiger

Age: 22 years, Occ: Coolie

3.

Manohar S/o Devendrappa Badiger

Age: 18 years

All are R/o Telekana village

Tq. Lingasugur, Dist. Raichur-584101

... Appellants

(By Sri Babu H. Metagudda, Advocate)

And:

1.

Altaf Hussain S/o Ibraheem Sab

Age: Major, Occ: Driver of KSRTC

Bus No.KA-17/F-1271

R/o Harihara Depot

Davangere-584101

MFA No.201299/2016

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2.

The Divisional Controller of KSRTC

Harihara Depot, Davangere

... Respondents

(By Smt. Ratna N. Shivayogimath,

Advocate for R2;

Notice to R1 dispensed with

v/o dated 22.03.2017)

This Miscellaneous First Appeal is filed under Section

173(1) of the Motor Vehicles Act, praying to modify the

judgment and award dated 09.06.2014 passed in MVC

No.12/2013 by the Motor Accident Claims Tribunal at

Lingasugur

and

enhance

the

compensation

from

Rs.5,08,000/- with 6% interest to Rs.14,99,000/- with

12% interest.

This appeal coming on for Admission, this day, the

Court delivered the following:-

JUDGMENT

1.

The appellants are before this Court seeking

enhancement of compensation awarded by Motor

Accident Claims Tribunal, Lingasugur (for short ‘the

Tribunal), in MVC No.12/2013 by award dated

09.06.2014.

MFA No.201299/2016

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2.

Heard. Admit.

3.

With the consent of both the sides, the above appeal

is taken up for final disposal at the stage of

admission itself.

4.

The appellants are the husband and sons of the

deceased-Manamma who expired in a road traffic

accident which occurred on 02.07.2012.

5.

On 02.07.2012, when the said Manamma was

traveling in a Tata Magic vehicle from Sindhanur-

Gangavathi,

near

Vadehalla,

the

first

respondent/driver of the bus owned by the second

respondent/Road Transport Corporation drove the

same in a rash and negligent manner and dashed

against Tata Magic vehicle resulting in three of the

occupants sustaining injuries and expired on the

sport. The other passengers are stated to have

sustained injuries. It is on the basis of the accident

and the death, claim petition came to be filed.

MFA No.201299/2016

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6.

The Tribunal after consideration of the matter

awarded a sum of Rs.5,08,000/- as compensation

under the following heads:

Sl.No.

Heads of accounts

Rupees (Rs.)

1

Loss of dependency

Rs.4,68,000/-

2

Loss of consortium

Rs.10,000/-

3

Loss of love and affection

Rs.10,000/-

4

Loss of estate

Rs.10,000/-

5

Transportation

of

dead

body, funeral expenses and

obsequies ceremony

Rs.10,000/-

Total

Rs.5,08,000/-

7.

Sri Babu H. Metagudda, the learned counsel for the

appellants would submit that the Tribunal has not

taken into consideration the decisions of the Hon'ble

Apex Court in the case of Sarla Verma vs. Delhi

Transport Corporation reported in (2009) 6 SCC

121, National Insurance Company Limited vs.

Pranay Sethi reported in (2017) 16 SCC 618 and

Magma General Insurance Company Limited vs.

Nanu Ram @ Chuhru Ram reported in (2017) 16

MFA No.201299/2016

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SCC 680 and therefore, the compensation as

awarded suffers from legal infirmities and requires to

be enhanced.

8.

Per contra, Smt. Ratna N. Shivayogimath, learned

counsel

for

respondent

No.2/Road

Transport

Corporation would submit that the compensation

awarded is proper and correct and does not require

any interference.

9.

Heard Sri Babu H. Metagudda, learned counsel for

the appellants and Smt. Ratna N. Shivayogimath,

learned counsel for respondent No.2/Road Transport

Corporation and perused the papers.

10.

The occurrence of the accident is not in dispute. The

age of the deceased being 39 years as on the date of

the accident is not in dispute.

11.

Loss of dependenc