IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD. Present THE HON BLE MR.JUSTICE N.KUMAR. And THE HON BLE MR.JUSTICE H.S.

Similar documents
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH BEFORE THE HON BLE MR.JUSTICE B.VEERAPPA. M.F.A.NO.20063/2011 (MV) C/w. M.F.A. CROB.NO.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON'BLE MR. JUSTICE ARAVIND KUMAR

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS OF :Versus:

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12 th DAY OF DECEMBER, 2014 BEFORE: THE HON BLE MR. JUSTICE K.N.

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH BEFORE THE HON BLE MR.JUSTICE K.SOMASHEKAR MFA NO.20826/2009 (MV)

IN THE HIGH COURT OF KARNATAKA, BANGALORE BEFORE THE HON'BLE MR.JUSTICE RAVI MALIMATH

IN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT GULBARGA, BEFORE THE HON BLE MR.JUSTICE RAVI MALIMATH MISCELLANEOUS FIRST APPEAL NO.

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 27 TH DAY OF JUNE, 2014 BEFORE THE HONOURABLE MR. JUSTICE K.N.

IN THE HIGH COURT OF DELHI AT NEW DELHI. SUBJECT : Motor Vehicles Act, MAC App. No.466/2008 and CM No.12015/2008

IN THE HIGH COURT OF DELHI AT NEW DELHI. MAC App. No. 453 of Judgment reserved on:25th November, Judgment delivered on: 2nd December, 2008

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON BLE MR. JUSTICE N.KUMAR AND THE HON BLE MR.JUSTICE B.V.PINTO

IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD B E F O R E THE HON BLE MR.JUSTICE JAWAD RAHIM W.P. NO /2012 (GM-POLICE)

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO 418 OF 2018 [Arising out of SLP(C) No.7375 of 2017]

Supreme Court of India. Kishan Gopal & Anr vs Lala & Ors on 26 August, Author: V Gowda Bench: G.S. Singhvi, V. Gopala Gowda. V.Gopala Gowda, J.

: 1 : IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH, AT DHARWAD BEFORE THE HON BLE MR.JUSTICE H.N.NAGAMOHAN DAS. W.P. No /2012 (GM-CPC)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR.JUSTICE RAM MOHAN REDDY

IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 11 TH DAY OF JANUARY 2013 BEFORE THE HON BLE MR.JUSTICE ARAVIND KUMAR

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No.5206 of SURESHCHANDRA BAGMAL DOSHI & ANR..

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON BLE MR.JUSTICE K.L.MANJUNATH AND THE HON BLE MR.JUSTICE RAVI MALIMATH

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH BEFORE THE HON BLE MR. JUSTICE S.N. SATYANARAYANA. CIVIL REVISION PETITION No.

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH BEFORE THE HON BLE MR. JUSTICE A.V.CHANDRASHEKARA RSA NO.5663 OF 2010(PAR)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE ARAVIND KUMAR REGULAR FIRST APPEAL NO.224 OF 2010

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 3 RD DAY OF APRIL 2013 BEFORE THE HON BLE MR.JUSTICE ARAVIND KUMAR R.F.A.NO.

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR.JUSTICE B.S.PATIL. W.P.Nos.50029/2013 & 51586/2013 (CS-RES)

IN THE HIGH COURT OF DELHI AT NEW DELHI. MAC. APP. No. 32/2008. Judgment reserved on: Judgment delivered on: 4th August, 2008

PRESENT HON BLE MR. JUSTICE B D AGARWAL

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON'BLE MR.JUSTICE BUDIHAL. R.B. REGULAR SECOND APPEAL No.1373/2012 (PAR)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

Smt. Yallwwa & Ors vs National Insurance Co. Ltd. & Anr on 16 May, 2007

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT :MOTOR ACCIDENT CLAIMS TRIBUNAL Date of Decision: 19th November, 2012 MAC. APP.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO OF NISHAN SINGH & ORS...Appellant(s) :Versus:

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON BLE MR.JUSTICE N.K. PATIL AND THE HON BLE MRS.JUSTICE RATHNAKALA

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE, 1908 RFA No.51/2012 DATE OF DECISION : 17th May, 2012

N THE HIGH COURT OF KARNATAKA AT BANGALORE B E F O R E THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA R.S.A. NO.1710 OF 2005

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH BEFORE THE HON BLE MR. JUSTICE PRADEEP D.WAINGANKAR CRIMINAL APPEAL NO.2642/2009

3. The Senior Divisional Personnel Officer South Western Railway Hubli Division, Hubli PETITIONERS

IN THE HIGH COURT OF KARNATAKA AT BANGALORE B E F O R E THE HON BLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NOS & 17437/2013 (GM-CPC)

M.A.C. App. No. 8 of 2017

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH BEFORE THE HON BLE MR. JUSTICE G. NARENDAR CRIMINAL PETITION NO /2015

Railway Claims Tribunal Act, 1987, being aggrieved by the judgment. dated , passed by the Member (Technical), Railway Claims

IN THE HIGH COURT OF KARNATAKA, BENGALURU PRESENT THE HON' BLE MR. JUSTICE N.KUMAR AND THE HON' BLE MR. JUSTICE PRADEEP D.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON BLE MR. JUSTICE N.KUMAR AND THE HON BLE MR. JUSTICE ARAVIND KUMAR

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR.JUSTICE B.S.PATIL. R.S.A.No.2061/2012

: 1 : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH BEFORE THE HON BLE MR.JUSTICE A.N.VENUGOPALA GOWDA CRIMINAL PETITION NO.

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH BEFORE THE HON BLE MR. JUSTICE S.N. SATYANARAYANA. Crl.A. No /2016

IN THE HIGH COURT OF KARNATAKA, GULBARGA BENCH

2. Mr.M.Mohammed Amjad, S/o.Late.Dr.M.Mohammed Ghouse, Aged about 37 years,

IN THE GAUHATI HIGH COURT. (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) M.F.A. No. 51 of 2014

Chief Manager, R. S. R. T. C., Hanumangarh v Labour Tribunal, Sri Ganganagar and another

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH BEFORE THE HON'BLE MR. JUSTICE B.MANOHAR. W.P. No & W.P.Nos /2012(T-RES)

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN PENAL CODE CRL.REV.P. 76/2009 Reserved on: 30th April, 2012 Decided on: 11th July, 2012

MAC App.7/2011 United India Insurance Co. Ltd. Versus BEFORE HON BLE MR. JUSTICE KALYAN RAI SURANA

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : RAILWAY CLAIMS TRIBUNAL ACT, 1987 FAO No. 332/2013 DATE OF DECISION : 16th January, 2014

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI FIRST APPEAL NO. 535 OF 2015

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE HON BLE MR. JUSTICE PRADEEP D. WAINGANKAR REGULAR SECOND APPEAL NO.3219 OF 2006

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR.JUSTICE RAGHVENDRA S. CHAUHAN W.P.NO.29574/2015(S-RES)

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : COMPENSATION MATTER Reserved on: 18th May, 2012 Pronounced on:2nd July, 2012 FAO 398/2000

IN THE HIGH COURT OF DELHI AT NEW DELHI. SUBJECT : Motor Vehicles Act, MAC App. No.528/2008 and CM No.14983/2008

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN SUCCESSION ACT, 1925 FAO 562/2003 DATE OF DECISION : 7th July, 2014

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON BLE MR.JUSTICE JAYANT PATEL AND THE HON BLE MRS.JUSTICE S SUJATHA

: 1 : IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MRS.JUSTICE B.V.NAGARATHNA. CP.KLRA No.3/2006

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR.JUSTICE B MANOHAR. WRIT PETITION Nos OF 2015 (GM-CPC)

Smt. Kaushnuma Begum And Ors vs The New India Assurance Co. Ltd... on 3 January, 2001

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Date of Judgment: FAO (OS) 298/2010

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH BEFORE THE HON BLE MR.JUSTICE ARAVIND KUMAR MISCELLANEOUS FIRST APPEAL NO.

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 3 rd DAY OF JULY, 2014 BEFORE THE HONOURABLE MR. JUSTICE K.N.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR.JUSTICE RAGHVENDRA S. CHAUHAN. Writ Petition Nos /2017 (T-IT)

WRIT PETITION NOS & 15452/2013 (GM-CPC)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B. CRIMINAL APPEAL No.743/2010

IN THE HIGH COURT OF KARNATAKA, BANGALORE :BEFORE: THE HON BLE MR.JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.6306/2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of Decision: Versus

Through: Mr. Rahul Kumar Srivastava, Advocate. C.M(M) No. 211/2013. Through: Mr. Rahul Kumar Srivastava, Advocate.

THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : Delhi Rent Control Act R.C.REV.29/2012 Date of Decision: Versus

Criminal Revision PRESENT: The Hon ble Justice Ashim Kumar Roy Judgment On: C.R.R. No of 2009

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR.JUSTICE N.ANANDA M.F.A.NO.3425/2000

IN THE HIGH COURT OF DELHI: NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Judgment pronounced on: I.A. No.13124/2011 in CS (OS) No.

Shri Sadashiv S/o. Sakharam Pol, Aged about 67 years, Occ: Agriculture, R/o: Chinchali, Tal: Raibag, Dist: Belgavi... Respondent

Rajasthan State Road Transport... vs Kailash Nath Kothari & Ors. Etc... on 3 September, 1997

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) M.F. A. NO. 90/2005

- 1 - IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 2 nd DAY OF JULY, 2012 BEFORE THE HON BLE MR.JUSTICE ARAVIND KUMAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU. Writ Appeal No 3169 of 2014 (S-RES)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE B.MANOHAR. W.P.Nos.46210/2014 & /2014(GM-CPC)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU B E F O R E THE HON BLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO OF 2014 (GM-CPC)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR.JUSTICE ARAVIND KUMAR. WRIT PETITION Nos /2015 (T-RES)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE WRIT PETITION NO.6157 OF 2013 (GM-CPC) (By Sri.Mahesh K.V. & Sri.H.Mujtaba, Advs.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE THE HON'BLE MR. JUSTICE N.K.PATIL AND THE HON BLE MR.JUSTICE PRADEEP D. WAINGANKAR

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH BEFORE THE HON BLE MR. JUSTICE B.S. PATIL WRIT PETITION NO OF 2012 [S-R]

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR RECOVERY CS(OS) No.1177/2003 DATE OF DECISION :23rd July, 2012

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MRS. JUSTICE B.V.NAGARATHNA. W.P. No OF 2014 (KLR-RR-SUR)

WRIT PETITION (C) NO. 233O OF 2006

J U D G M E N T A N D O R D E R (ORAL)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON'BLE MR. JUSTICE BUDIHAL. R.B REGULAR SECOND APPEAL NO.284/2006

SARVODAYA LAW COLLEGE INSTRUCTIONS TO STUDENTS

THE HON BLE MR. JUSTICE B.K. SHARMA

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH B E F O R E THE HON BLE MR. JUSTICE A.N. VENUGOPALA GOWDA

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN PENAL CODE. Crl. Rev. No. 12/2002. Reserved on October 16, 2008

IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA BEFORE THE HON BLE MR.JUSTICE HULUVADI G.RAMESH CRIMINAL APPEAL NO.

Transcription:

: 1 : IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD Dated this the 6 th day of August 2012 Present THE HON BLE MR.JUSTICE N.KUMAR And THE HON BLE MR.JUSTICE H.S.KEMPANNA Miscellaneous First Appeal No.10962/2007 (MV) C/w M.F.A. Crob No.728/2008 In MFA No.10962/2007 Between: 1. North West Karnataka Road Transport Corporation, Gokul Road, Hubli, By its Managing Director, Rep. By its Chief Law Officer. 2. North West Karnataka Road Transport Corporation Self-Insurance fund Gokul Road, Hubli, By its Managing Director, Rep. By its Chief Law Officer. Appellants (By Smt. Veena Hegde for M/s. Rao Associates)

: 2 : A n d : 1. Bharatraj Neminath Guggari, Adult, 2. Padmavathi W/o. Bharatraj Guggari, Adult, 3. Asha, W/o. Sanjeev Guggari, Age: 36 Years, 4. Kumari Poonam D/o. Sanjeev Guggari, Age: 18 Years, 5. Kumari Sonam D/o. Sanjeev Guggari, Age: 16 Years, 6. Kumar Rishab S/o. Sanjeev Guggari, Age: 9 Years, All R/o. Shanthashree Buildings Deshpande Nagar, Hubli. Respondents 5 and 6 are Minors Rep. By their Mother and natural Guardian Respondent No.3 7. Rajesab S/o. Nabeesab Nadaf, Adult, NWKRTC Driver, Gokul Road, Hubli.

: 3 : 8. Neminath S/o. Bharatraj Guggari, Age: 54 Years, R/o. Shantshree Building, Deshpande Nagar, Hubli. Respondents (By Sri. F.V Patil, Advocate for R.2 to 4, Sri. Praveenkumar.G.Kulkarni, Advocate for R.8) This appeal is filed under Section 173(1) of MV Act against the judgment & award dated 31.05.2007 passed in MVC No.388/01 on the file of the I Addl. Civil Judge (Sr.Dn.) & Addl. MACT, Hubli, awarding a compensation of Rs.14,22,944/- with interest @ 6% P.A. In MFA Crob No.728/2008 Between: - - - - - - - - 1. Smt. Padmavati W/o. Bharatraj Guggari, Age: 71 Years. 2. Smt. Asha W/o. Sanjeev Guggari, Age: 37 Years. 3. Kumari Poonam D/o. Sanjeev Guggari, Age: 18 Years. 4. Kumari Sonam @ Anisha D/o. Sanjeev Guggari, Age: 16 Years.

: 4 : 5. Kumar Rishab S/o. Sanjeev Guggari, Age: 9 Years. All are R/o. Shanthshree Buildings, Deshpande Nagar, Hubli. Cross Objectors 4 and 5 are Minors, Rep. By their mother and natural guardian, Cross Objector 2. Cross Objectors (By Sri. F.V Patil & Sri. S.N Yaraguppi, Advocates) And: 1. North West Karnataka Road Transport Corporation, Gokul Road, Hubli by its Divisional Manager. 2. North West Karnataka Road Transport Corporation, Self-Insurance fund, Gokul Road, Hubli, By its Managing Director, Rep. By its Chief Law Officer. 3. Bharatraj Neminath Guggari, Age: major, R/o. Deshpande Nagar, Hubli. Respondents - - - - - - - - This Cross Objection is filed under Order 41 Rule 22 of CPC read with Rule 9, chapter VI of the Karnataka High Court Rules 1959, against the judgment and award dated 31.05.2007 passed in MVC No.388/2001

: 5 : on the file of the First Addl. Civil Judge (Sr.Dn.), and Addl. MACT., Hubli, partly allowing the claim petition for compensation and seeking enhancement of compensation. This appeal & Cross Objection coming on for admission, this day, H.S.Kempanna, J, delivered the following: JUDGMENT M.F.A. No.10962/2007 is filed by the North West Road Transport Corporation challenging the quantum of compensation. M.F.A. Cross Objection No.728/2008 is filed by the claimants seeking enhancement of compensation awarded to them. 2. For the sake of convenience the parties would be referred to by their rank as they are arrayed in the claim petition before the Tribunal. 3. The claimants are the parents, wife and daughter of the deceased Sanjeev Guggari. According to the claimants, the deceased was aged 39 years, a

: 6 : businessman by occupation earning Rs.1,50,000/- per month. On the date of the accident i.e., on 03.10.2000, the deceased was riding the scooter bearing registration No.KA-25/556. When he was near Hosur Circle, situated on P.B.Road, the bus belonging to the Corporation bearing registration No.KA-25/F-833 driven by its driver at a high speed in rash and negligent manner came and dashed against the scooter on which the deceased was proceeding. On account of the impact, the deceased sustained fatal injuries and died at the spot. The deceased was their sole bread earner. Therefore, they filed the claim petition claiming compensation in a sum of Rs.3,50,000/- from the respondent-corporation. 4. After service of notice, the respondents appeared and contested the claim of the petitioners. They contended that the accident has not taken place on account of rash and negligent driving of the bus by

: 7 : their driver, on the other hand, it was on account of the negligence of the deceased himself. They also denied the claim of the claimants in respect of the age, avocation and income of the deceased. Accordingly, they sought for dismissal of the petition as against them. 5. On the basis of the above pleadings, the Tribunal framed the following issues: 1. Whether petitioners prove that on 3.10.2000 deceased Sanjeev @ Bapu Guggari was riding the scooter bearing No.KA25/K-556 and when the deceased was near Hosur circle a K.S.R.T.C. bus bearing No.KA 25/F-833 came in a great speed rashly and negligently and dashed to the said scooter as a result deceased fell down on the road in front of the bus and died on the spot as alleged in the petition? 2. Whether petitioners prove that the deceased was earning Rs.15,00,000/- per annum?

: 8 : 3. Whether Respondent No.1 and 2 prove that there is no rash or negligent act on the part of the K.S.R.T.C. bus driver as alleged in para-6 of the objections? 4. Whether petitioners are entitled for reliefs sought for? 5. What order or Award? As the brother of the deceased had filed another claim petition for the damages to the scooter involved in the accident, the Tribunal clubbed both the petitions and recorded common evidence. The claimants in support of their case examined the 3 rd claimant-wife of the deceased as P.W.2 and two more witnesses as P.Ws.3 and 4. They produced, in all, 32 documents which came to be marked as Exs.P.1 to P.32. On behalf of the respondent, they neither led any oral evidence nor produced any documents in support of their case. 6. The Tribunal on the basis of the oral and documentary evidence on record held that the accident

: 9 : in question has taken place on account of rash and negligent driving of the bus by its driver and accordingly, the claimants have established the actionable negligence. Further, the Tribunal looking into the evidence of P.W.2-wife of the deceased, the income tax returns that had been placed on record, took the income of the deceased at Rs.1,50,000/- per annum, deducted 1/3 rd out of the same towards personal expenses of the deceased and by applying the multiplier of 14 awarded, in all, compensation of Rs.13,99,994/- towards loss of dependency. It further awarded a sum of Rs.23,000/- under conventional heads. Thus, in all, Tribunal awarded a sum of Rs.14,22,994/- with interest at 6% per annum from the date of petition till realisation. It further saddled the liability to pay compensation on the respondent-corporation. 7. The appellant-corporation being aggrieved by the quantum of compensation have preferred the

: 10 : appeal. The claimants being aggrieved by the inadequacy of compensation awarded to them have filed cross-objection. 8. The learned counsel appearing for the appellant-corporation contended that the Tribunal without taking into consideration the income-tax returns produced by the claimants has determined his income at Rs.1,50,000/- per month without there being any basis for the same, thereby the Tribunal has awarded excessive compensation under the head loss of dependency. Hence a case for reduction is made out. 9. Per contra, learned counsel appearing for the claimants contended that the income of the deceased arrived at by the Tribunal having been based on the income tax returns that has been filed in the case is just and proper and does not call for any interference. He further contended that the Tribunal ought to have applied the multiplier of 15 having regard to the age of

: 11 : deceased in view of the judgment of the Apex Court in Sarala Verma and others Vs Delhi Transport Corporation and another reported in 2009 ACJ 1298, having not done so it has awarded lesser compensation under the head loss of dependency. He further contended that the compensation awarded under conventional heads is also not in commensurate with the compensation to be awarded under the said heads inasmuch as the compensation that has been awarded towards funeral obsequies expenses is on the lower side and no compensation has been awarded under the head love and affection to the claimants. Therefore, a case for enhancement is made out. 10. Taking the rival contentions, the evidence and documents on record, the point that arises for our consideration is, Whether the compensation awarded is excessive and deserves to be reduced as

: 12 : contended by the Corporation or whether the claimants have made out a case for enhancement of compensation as contended? 11. The facts are not in dispute. The accident having taken place resulting in the death of the deceased Sanjeev Guggari on account of rash and negligent driving of the bus belonging to the Corporation is not disputed before us. It is the case of the claimants that the deceased was aged 39 years, a businessman by occupation earning more than Rs.1,50,000/- per month. In support of their claim, the claimants have produced the income tax returns which are at Exs.P.14 to P.17. A perusal of the same discloses that the returns for the year 1997-98, 1998-99, 1999-2000 filed on behalf of the deceased discloses that he had an annual income of Rs.3,08,470/-, Rs.1,71,740/- and 1,44,092/- respectively and further for the year 2000-01 as per Ex.P.23, he had an annual income of Rs.1,68,770/- and

: 13 : a sum of Rs.81,775/- for the year 2001-02 as per Ex.P.26. The Tribunal taking into consideration the income tax returns that had been filed prior to the accident has determined his income for the year 2000 at Rs.1,50,000/- taking the average annual income of the deceased as per the returns filed. We find no justification to interfere with the said finding of the Tribunal taking the annual income of the deceased at Rs.1,50,000/- on the basis of the returns filed by the deceased prior to the accident. Out of the annual income of the deceased, the Tribunal has deducted 1/3 rd towards personal expenses of the deceased and has taken the loss of dependency to the claimants at Rs.1,00,000/- per annum. This also, in our view, has been rightly done by the Tribunal having regard to the number of claimants and, therefore, it does not call for any interference. The deceased as on the date of the accident was aged 39 years. Therefore, in view of what has been held by the Apex Court in Sarla Verma s case,

: 14 : the proper multiplier that becomes applicable is 15 and not 14 as rightly contended by the learned counsel for the claimants. Therefore, the claimants, in all, would be entitled to a total compensation of Rs.15,00,000/- as against Rs.13,99,994/- towards loss of dependency. In other words, the claimants would be entitled to an additional compensation of Rs.1,00,000/- under the head loss of dependency. Further, we find from the impugned judgment and award, the Tribunal has awarded only a sum of Rs.23,000/- under the conventional heads. As rightly contended by the learned counsel for the claimants, the Tribunal has not awarded any compensation towards love and affection and the compensation that has been awarded towards the funeral and obsequies ceremonies is on the lower side. Having regard to the norms of awarding compensation under the said heads, we are inclined to award a sum of Rs.10,000/- towards funeral and obsequies ceremony and a further sum of Rs.20,000/- towards love and

: 15 : affection taking into consideration that the claimants are the parents, wife and daughter of the deceased. Therefore, the claimants, in all, would be entitled to enhanced compensation of Rs.1,30,000/- with interest at 6% per annum from the date of petition till realisation. Accordingly, we proceed to pass the following: ORDER (i) M.F.A. No.10962/2007 is dismissed. (ii) M.F.A. Crob. No.728/2008 is allowed in part. The claimants are awarded enhanced compensation of Rs.1,30,000/- with interest at 6% per annum from the date of petition till realisation. (iii) The respondent-corporation shall deposit the entire enhanced compensation with interest before the jurisdictional Tribunal within eight

: 16 : weeks from the date of receipt of copy of this judgment and award. (iv) The entire enhanced compensation with interest shall be deposited in the name of the 3 rd claimant (in MVC No.388/2001), who is the wife of the deceased, in any Nationalised / Scheduled Bank for a period of five years. She is entitled to withdraw the interest accrued on the said deposit periodically. The statutory amount in deposit made by the appellant-corporation is ordered to be transmitted to the jurisdictional Tribunal for disbursement to the claimant. SD/- JUDGE Kms SD/- JUDGE