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Judgment
With the consent of both the learned counsel for the parties, this appeal is being decided at this stage itself.
The appellant, KSRTC, has challenged the legality of the award dated 03-01-2017, passed by the Member, Prl. MACT at Bangalore (SCCH-1), whereby the learned Tribunal has granted a compensation of Rs.16,46,000/-, along with an interest at the rate of 9% p.a., from the date of filing the petition, till the date of realization.
Briefly the facts of the case are that on 18-03-2016, around 4 p.m., Mr. Nizamuddin was riding a motorcycle, bearing Reg. No. KA-04-EZ-4233, along with his mother, who was riding the motorcycle as a pillion rider. When they reached near Harobande Marasanhalli Village, Chikkaballapura Taluk, at that time, a KSRTC bus, bearing Reg. No. KA-40-F-1143, being driven in rash and negligent manner, dashed against the motorcycle from behind. Consequently, both the rider and the pillion rider fell off from the motorcycle, and the wheels of the bus ran over them. Both of them died on the spot.
Since the claimants-respondents had lost the bread-earner of the family, they filed a claim petition before the learned Tribunal. In order to buttress their case, the claimant-respondent No.1 examined herself as a witness, and submitted twenty-two documents. On the other hand, the KSRTC examined a single witness, and submitted a single document. After going through the oral and documentary evidence, by award dated 03-01-2017, the learned Tribunal granted the compensation as aforementioned. Hence the appeal before this Court.
The learned counsel for the appellant has contended that while assessing the loss of dependency, the learned Tribunal has granted the benefit of the loss of future prospect to the extent of 50% of the income of the deceased. However, in the case of BHOGIREDDI VARALAKSHMI & ORS. VS. MANI MUTHUPANDI & ORS. [AIR 2017 SC 1195], the Hon''ble Supreme Court has clearly opined that since the issue with regard to the payment of loss of future prospect is sub judice before a Larger Bench, the same issue raised before the High Court should be kept pending till the decision of the Larger Bench of the Apex Court is pronounced. The learned counsel for the appellant submits that the appellants are challenging the payment of loss of future prospect before this Court. Therefore, according to him, the issue should be kept open till the decision of the Larger Bench of the Apex Court. Hence, according to the learned counsel for the appellant, the claimants- respondents may be entitled to receive the compensation in the category of "loss of future prospect", only after the decision of the Apex Court,
The learned counsel for the respondents- claimants seeks the liberty to request this Court to take the appeal back on the board, with regard to the issue of payment of loss of future prospect, once the decision of the Apex Court is pronounced.
Since the issue of the payment of future prospect is sub judice before the Apex Court, since in the case of BHOGIREDDI VARALAKSHMI (supra), the Hon''ble Supreme Court has opined that the issue shall be kept open till the decision of the Larger Bench, therefore, presently the impugned award is modified to the limited extent that the salary of the deceased shall be taken as Rs.8,000/-; 1/3rd of the salary, i.e. Rs.2,667/- shall be deducted as the amount the deceased would have spent upon himself. Thus the net salary comes out to be Rs.5,333/-. Without granting the benefit of loss of future prospect, the loss of dependency comes out to be Rs.10,24,000/-. Therefore, presently, the claimants-respondents are entitled to only Rs.10,24,000/- in the category of "loss of dependency". The rest of the compensation granted by the learned Tribunal shall remain undisturbed.
Hence, the claimants-respondents are, presently, entitled to a total compensation of Rs.11,84,000/-. Since the KSRTC has already paid a compensation of Rs.50,000/-, the actual total compensation to which the claimants-respondents are entitled is Rs.11,34,000/-. The said amount shall be paid by the KSRTC to the claimants-respondents, within a period of four weeks, along with an interest at the rate of 6% p.a. from the date of claim petition till the date of realization.
The respondents-claimants shall be free to mention before this Court that this case should be taken up on the point of payment towards "loss of future income", once the judgment is pronounced by the Hon''ble Supreme Court on the said issue.
The amount in deposit, if any, shall be transmitted to the learned Tribunal, for disbursement.