High Court Karnataka High Court

Sakeena W/O Late Abdulla vs M Manjunath S/O N Murthy on 16 February, 2010

Karnataka High Court
Sakeena W/O Late Abdulla vs M Manjunath S/O N Murthy on 16 February, 2010
Author: A.N.Venugopala Gowda
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 161"" DAY OF FEBRUARY. 2010
B E F O R E

THE HON 'BLE MR.-JUSTICE A.N.VENUGOPAI;A"C{0WDA

M.F.A.No. 13689 of 2006k(1vIV)  A  

BETWEEN:

1. Sakeena, 39 yrs.,
W/0. late Abdulla,

2. Siddique, 19  A
S/(). 1ateAbdui'}a.," _ 

3.   A 
 D /o; iajte _Abdu11a.'\_v    

S/*0... _V1atevAl_3d1;1i.:1,--~1'

 V. A_   

+.1gte Abdulla,

     8 yrs.,

3',*oA.A1ate Abdulla,

A .. Apfiéllants 3 to 6 are minors
Rep. by their mother/ natural

A  Guardian Smt. Sakeena --

A Appellant N0. 1.

All are R/at. No.49,



Opp. MSR Hospital,
New BEL Road,
Bangalore -- 560 094.

 h'  0 * '
(I3YSr1.R.ChandrashekaIf.~AC1V.} 13:.  0
AND:

1. M.Manjunath, rna]o1*,__ 
S/o. N.l\/Iurthy,  00
R/at. GouriNi1_aya,  _ "
AnJar1eyaTemp_1e»..street,_V  2 '
Opp. Coconut Groove~,.__  Z V V
Hebbal Kempapura._,._ V' A

2. The:Di1ii'si.onal.M'a.nage.rl;  
The Owrierit  l11S'u._1fa;t:iee., Q03 , Ltd. .
[DO-I; t."Ijr_oth't1flaha.l complex,
"St.:1\/Iarl{'s:"road,"'«._  0 '
Ban§_.§aIo're 4  .11"
 ll _ '_ 7 " V.  . Respondents

   O';M.a..hesh, Adv. for R2,
   notice to R. 1 dispensed with.)

=i==i_,594"l /2002 on the file of the IX Addl. Judge, Member

 - '7, Court of Small Causes, Metropolitan Area,

_   "Bangalore, {SCCH--7), partly allowing the claim petition for
   compensation and seeking enhancement of compensation.



This appeal coming on for hearing, this day,
the Court delivered the following: 'i 

JUDGMENT

This appeal is by the petitioners. .–‘ivir;.:,ji’\bdi11la,

about 43 years, husband of first :appellai1’t’ jandlfiatiitfi’ of –:

the other appellants, having-sostainled. ..1n~’3a
vehicle accident, died petition filed
under Seo.166 of beenllpailowed by the MACT
in part. CoVrripe_nsaf§i{3’I’]:» determined at
30% contributory

negli’gen_cexVof’~the”dece’as_ed.5- Abdulla, Rs.1,’77,000/– was

deductedland Rs.4, 13,000/– has been made.

the’-petitioners have preferred this appeal.

he ” ‘Heard the learned Counsel on both sides and

perused’ records.

” h “3: Learned Counsel for the appellants contended

it that the Tribunal has committed an error in holding that

is 30% contributory r1egliger1oEby the deceased —

,/’

Abdufia. He further contended that the loss of
dependency assessed by the Tribunal is on Iowerfside and

there is no just award by the Tribunal.

4. Per contra, Sri.O.Mahes_h, the”1’ea1jn’ed C.ounsei:”~..

appearing for the second responde’nit~”– ”

taking me through saketch the scene
of occurrence, contends rtas only on
account of rash vehicle by the
deceased –‘_Ai::dui1a.;:””‘that this is a case
wherein, to be attributed to
the further contended that,
without being placed on record,

“ha_S_______taken the income of the deceased at

‘ month. He would conclude by contending

that ‘th_e,..3’tacts and material circumstances, the award

passedjbgf the Tribunal is just compensation.

A 5. In View of the rivai contentions, the points for

consideration are : g

/.

{i} Whether there is any contributory negligence
on the part of the deceased — _Abdnl.1a for

occurance of the accident in question; _.__ it

[ii] What is the 311st coInpe_nsat_.ion” ~ :t_h,e”ap”pe11an’tsVI

are entitled to ‘P
. Re. Point No.1 :

él P.W. 1 has spoken is not an
eye witness. To Police have relied
upon EXs.P.1 No doubt Ex.P.2

— the the deceased has
the collision between the
two ifehiclels In the absence of an eye

witness accoii-.nt’*Vfoi’*'”the incident, the Court has to look

into the rriateriai””cireun’1stances, i.e. the Poiice records.

‘llP_olIic§:’«..ai’te1=a.:Vthorough investigation have charge sheeted

the fmotor cycle. Charge sheet is at Ex.P.6. The

Aydoenrnents as at Exs.P. 1 to R6 being not under challenge,

though Ex.P.2 shows that the deceased had entered

xlthe main road, the rider of rrttor cycle which is

‘3/-*’

9-”

comparatively a heavy vehicle, could have avoided the

accident. In the circumstances, the the

=4

Tribunal, which are inconsistent with no

contributory negligence, has to-he held as Ifi..Ath’e it

face of the Police records which
the MACT ought to have ..thatv.th.e’ has taliten
place on account of” the part of
rider of the motor of contributory
negligence ijbyvihtiifevivevidence on record,
has to be record would prove that
to the occurance of

the accideiflt in

:

had provision store business which are

evidentfroni Exs. 13.7 and R8. P.W.1 has spoken to about

nth__e avocation of the deceased. He was aged about 43

years as on the date of the accident, which is evident from

“hpost mortem report M Ex 13.4. Deceased was maintaining

K7

his Wife. a groWn–up son and four minor children. ___He was

the only bread earner in the family. Tribunal

the income of the deceased at Rs.5,000/–, 4_

to be without any material support-..

doing provision store business in;_Banga1o1’e, *Inain–tain1’ng

a big family iike the present onercouuid— to earn

at least Rs.4,000/– . Since it ‘more than four
dependents were unit method
has to be of dependency. In
the itéwould be just to take the
incomeiof per month. 1/4th
will hair’e.,Vto be personal expenses. Loss

of dependencgi Rs.3,000/– per month. Multiplier

the matter in terms of the decision in Sarla

’14’. Thus, loss of dependency would

Corrie to R’s’.’;E”),04,000/-. Under the conventional heads, i.e.

i’oss_of”consortiuIn, ioss of iove and affection and funerai

andiiobsequies ceremonies, etc. there has to be an addition

E:

W

of at least 10% of the award amount i.e, Rs.50,00__(_)/–. In

all, the appellants are entitled to Re.5,54,o0o/–..(-i

In the result, in modification of the 4_

award passed by the Tribuna1;”the« fiG’1Cu1’f

entitled to total compensation:__

interest at 6% on the enhaiieed cotriperisationgdddfrom the
date of filing of the its”p’ayn1ent. The
apportionment ratio asV_oi’derie_d intact.

Respon_dei§ets_Varegfadntedd. time to deposit

the baianee met

Sdfi’
EUEQE