Case Note & Summary
The appellant, Shri S.B Shivamurthy Shivachary Hiremutt, was the claimant before the Senior Civil Judge and JMFC, Shorapur, in MVC No.175/2013, seeking compensation for the death of Sutreshwar Shivacharya Swamiji, a priest of Bale Honnur Shrimad Rambapur Virsinhasan Mutt, in a road traffic accident on 20.05.2011. The Tribunal awarded compensation of Rs. 7,05,000/- with interest at 6% per annum. The appellant challenged the award before the High Court of Karnataka, Kalaburagi Bench, under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement. The High Court found that the Tribunal had applied multiplier 13 based on the age of the claimant (42 years) instead of the age of the deceased (45 years). Following the principle in Sarla Verma v. DTC, the correct multiplier for age 45 is 14. The High Court recalculated the loss of dependency using notional income of Rs. 6,000/- per month (as assessed by the Tribunal), deducting 1/3rd for personal expenses, and applying multiplier 14, resulting in Rs. 6,72,000/-. Adding Rs. 25,000/- for funeral expenses and Rs. 30,000/- for loss of consortium, the total compensation was enhanced to Rs. 7,27,000/-. The appeal was allowed in part, with the enhanced amount payable with interest at 6% per annum from the date of petition till realization.
Headnote
A) Motor Vehicles Act - Compensation for Death - Multiplier - The Tribunal applied multiplier 13 based on the age of the claimant, but the correct multiplier is 14 based on the age of the deceased (45 years) as per Sarla Verma v. DTC. The High Court corrected the multiplier and enhanced compensation. (Paras 5-6) B) Motor Vehicles Act - Notional Income - Loss of Dependency - The deceased was a priest with no proof of income; the Tribunal assessed notional income at Rs. 6,000/- per month. The High Court upheld this but recalculated loss of dependency using multiplier 14, resulting in enhanced compensation. (Paras 5-6) C) Motor Vehicles Act - Funeral Expenses and Loss of Consortium - The Tribunal awarded Rs. 25,000/- for funeral expenses and Rs. 30,000/- for loss of consortium. The High Court did not disturb these amounts. (Para 6)
Issue of Consideration
Whether the Tribunal erred in applying multiplier of 13 instead of 14 based on the age of the deceased, and whether the compensation awarded was just and proper.
Final Decision
Appeal allowed in part. Compensation enhanced from Rs. 7,05,000/- to Rs. 7,27,000/- with interest at 6% per annum from the date of petition till realization. The Insurance Company to deposit the enhanced amount within six weeks.
Law Points
- Motor Vehicles Act
- 1988
- Section 173(1)
- Compensation for death
- Multiplier determination
- Age of deceased
- Notional income
- Loss of dependency
- Funeral expenses
- Loss of consortium
