High Court Karnataka High Court

M R Bhagyalakshmi vs The Managing Director Tamil Nadu … on 5 August, 2009

Karnataka High Court
M R Bhagyalakshmi vs The Managing Director Tamil Nadu … on 5 August, 2009
Author: V.Gopalagowda And S.N.Satyanarayana
in THE HIGH coum' or KARNATAKA AT BANGALQRE
DATED THIS mm 5?" DAY or AUGUST 3099.: _
1-vnmsmrrr' 4   I V'
THE HOIPBLE MR. JUSTICE};  Q u
THE Howsm MR. JU81'i_(3$..8.r§;8J§LTYAi'!§e§:Li?g§Y;$1¢;i 

MISCELLAKEOUS rams? Apréfixt; ma:;_).3e':£g_:_§_c'>i'-* 2:204 [3431
C/w MISCELLANEOUS I->'E~.R§'!'  rz9.32s9'Ao;a' 2904 (MV1

IN MFA 1m.364moo4: " 'A  "

BETWEEN;

The M'an;;g'ng"Bg;s2cto:I':, ' _ * 
Tamiinadij States: Thin   ' *-- ..
Corporation I..t<:i., Sa1eir1 Div7Ii,.' 
Bha1athipuram,* Dhésxttig 
TAMILHADU. ~ "    "
Now bciohging toV'$-akcm Divisimtl,

 ai-.No».12,      «
' V _ Ramakrrishna _Road,



'Salem '-«~ {$36 'aim; 
 .. APPELLAKT.

'(By my s}BP1)s Associates, Advs.)

   , S°1nt.M.R.Bhag;*a1akshmi,

"WA/o Late Narayana K,
Aged about 25 Yeaxs.

Mastzzr Bharshan, E:3'<:Lbu. ,

S/0 Late Narayana K,
Aged about 5 Years.

Low



3. Krishnappa,
S/0 Late Muniswamappa,
Aged about 54 Years.

4. Smtfiadhamma,   
W] 0 Kzfisltulappa, : '
Agcd about 48 Years.

Rezspondent No.2 is minor a1_1d..V_

was represented by his namfal "

Guazflian and mother  . 
Smt.M.R.Bhagra}aksh'33;1i,  _ , .

the first respondcm hen'-:in;-- _ E, }

Allan: Rcsi;d._i1&1g'-at  V    
Si:radiSai?'~Ii1.a;§i:=1,V3?"<*'-£v'if"", '  

41*' Cross",'Ja1;icsz&a.1:dra,'    »

Satiapma Road. " '  '_  
3AxrwAwzaE'1:::16_.1"',~,_  .
Rep. By her mother] ap9e}lanf*h:Eo.    -.

Aliare Ffe:six:ii.ii;¥3 af ' .  ._  
_3x'~i  Main} «  
433 Cross; 'dajckaisaxzcifa,

Saxfivapv-i'aVRoa€i;.% "  

Bmmmm, 5 'sad 0.34..'  .. APPELLAHT8.

{By s:i:R4.VCna;id:as.t;e1{gg~, Adv. For
' " L M/ siagiyers Net, Advs.)

 



'I'a131iL*gszdi}.' ':'-"fig.-=,1_.te .T:'ansport

'   Corgomtion,"Sa1z2m Div-Ii,

Bhazathipzgram; Dharmapuri,

" 'V V I-:~;:e<.~:.v _he1on'ging to Salem Divisien,
 _ $it.1at¢:i at No.12,
' Ra2;u;al:.'.*ishna Roasi,
 _  ---- 636 097.
T   -- RWPONDEKT

(By M] s.BPI)S Associates, Advs.)

1|r___*___*__*___ *,_i'___*

''''''1



preferred MFA No.3289/ 2004 seeking  of

compcnsafiora.

3. So far as MFA No.3642/ 2004 :§$'A§§¢ nA'¢e;¢;.;d-:'    

by the owner of the bus invoIv ci§i in  &c.:{ez'1Vt'i1 of
K.Na:rayana, alleging that the  "of  awafiw
in favour of L.Rs., of d<éc;;ascd;"'is,. $i€ie' .'and therefore
sought for reduction of  

4. On pcrus.j1}'Vjf§1c   the pleadings, oral
and gm-'record of the Tribunal, it is
seen thaj;"th¢--.   aged about 28 years at the
time of   to the 1" claimant They

had a E}iI103£' SQ:I'1 ag§:d__  years and the ciecéascd 3,130 had the

of  of his aged parents who are claimant

  4V}:»:_:Af'brx: the Tribunal which fact is not disputed by the

-. fact of acckicnt Itsuiting in the death of

 htfie cause of the accident, trelafiouship between the

  the claimants are not in dispute. T116: 01113.' dispute

  the respondent in the claim pefitéon is regarding

VT jqérmyloyment of the deceasfiei in M] 3. AB’? Ltd., and his incezac as

“contended by clahmants. The document at Ex.P~11, the salary

WI

certificate éiscioses that as on the date cf accident, the ___I’V.:tI3eVfgdeceaseei at
R$.’.2,700/- p.m., as if pmueed ghe elaimamts
in support of the oeeupatiezxegzd as on the

date of aeeide1z%_i.fi:jT.:he “p1?e::1si7.=:2fcio.=:1’111fii::*tf”-tl::Li’£~; of dependency’ deducting 1 /3″‘

for §ersonefi; e_:1pkeep. tieeeased and remaining 2/3″‘ of

Rs.2,7Q{)] «as the ifgeemeiavaiiable for the benefit of the claimants,

iaultipiier of 16 has awaxtied eompexizsaizion of

*5. that arises fer our consideratien in this appeal is:

(1) Whether the Txibuxlal was justified in
zrefusing to accept EX.P-*1 1, salary
certificate for the purpose of ealcuiafiofi
of compensation under the head loss of

Eiepexldency?

‘M1

(2) What award 3’
This Court proceed to answer the same in the ” for
the following: ‘ ‘

REAsog§-_

6. The decision of the Tribunal tie P–

11, the salaxy certificate for of loss
dependency is fer the reason u failed to
examine the author of iaence the same cannot

be accepted in evidence. the Tribunal for

clam 1n’ ‘ is« ‘-r>11e ” the nature of summary
proceec¥i11 “g$.” _’I’hf:_ ‘pf . evidence cannot be applied to

summary Tribililal should not have refused to

-“v1Qok date”‘0f.._$ala1y certificate marked as Ex.P.11, to

i13_£${)Ii1€ of the deceaseci at the relevant point of time.

1?’. ease, 1mm” ediately after the accident While

regarding the deceased, it is stated that the

was worlcing as an Assistant in M/S. AB’? Ltd. which is

fifisigruted by the respondent and the eexfificate that is produced

u “the ciaimants show that his fiaceme at that relevant time was

i?s.4,200/– p.m. Considering the nature of employment, the

W

income of the deceased shown by the claimants in Ex.P-»1_.i.__appears

to be just and proper. ‘There was no mason for to

ciisbelieve the same. Hence, the fiibunal should hzgfire to

accept the said income ané calculate flxe._CQm}jeiisé1¥.;§§::i.Vi”oif}&1oss’«bf’

dependency on the basis of the of

dependency is calculated on “–1:;gasis,”v~tl%m

entitied to a sum of Rs.420{) x :-:__16 9′? ‘hs,S,37f§600/–.

3. The Trial Court has “au%a;xie.g1f:a; of ‘Rs.10,0€}O/~ towards

funeral expenses a13<i__ 1oss"6f- towards loss of

consorfi1§n1 IUWCI side. The Tribunal has also
failed to loss cf Iiove and affection to

claw 311*: .. s the ciald ants are entified in all

tinder heads i.e. funeral expenses, Ross of

'£0 loss of oonsmtium is life and loss of love

and'a£f'ectiQn' miner son of the deceased.

In the claimants are entitled to a total compensation sf

E§Ls_.E3,:8;'2;60{}/– which is munéed 011' to the newest sum i.e.

-.._’ ‘Rs.$’Sj?,85,0{}O/ –~, on which the claimants would be entitled to the

A ” _ ” ‘gaaemst at 6% instead of 3% awarded by the Tzibnnal.

M

10. In the result, the appeal filed by the MFA

N.3289/ 2004 is partially aliowcd enhancing

fiom Rs.3,60,000/- to Rs.s,35,ooo/- yaggth int§:ttést–.}é,t»6′};é ‘p.a._:

the dam of pcfifion an the date of re3I3’.sé:’11;’i«<':–3;:_1.'-.' I

compensation shall be apportidnagi béiwéén in fi1€

same ratio in which is tovjthem in the

impupcd judmcnt by compensation
entire to the benefit of 3:26 deposited in any

one of the the natural guardian

of the age of 21.

11. MFA; ‘bjr the respondent – M/s. ‘I’S’1’C Ltd.

is aisopartaa. L ‘ ” as the rats of interest payable to

V’ fiom 3% to 6%.

i:.>…_ iamh thcappeals are partly allowed.

Sd/-i
Judge

sal-

IUDGE