Case Note & Summary
The Kalyan Karnataka Road Transport Corporation (KKRTC) appealed against the judgment and award dated 14.03.2025 passed by the Motor Accident Claim Tribunal (MACT) and I Additional Senior Civil Judge, Kalaburagi, in MVC No.1432/2024. The Tribunal had allowed the claim petition filed by the respondents (legal representatives of deceased Vinod Kumar Mane) and awarded compensation of Rs.1,10,36,200/- with 6% interest per annum. The appellant KKRTC sought to set aside the award. The High Court, upon hearing the parties, found that the Tribunal had erred in applying the multiplier of 18 for the deceased who was aged 30 years. Relying on the principle laid down in Sarla Verma v. Delhi Transport Corporation, (2009) 6 SCC 121, the correct multiplier for age 30 is 16. Consequently, the High Court recalculated the compensation and reduced it to Rs.98,10,200/-. The appeal was partly allowed, and the award was modified accordingly.
Headnote
A) Motor Accident Claims - Compensation - Multiplier - The Tribunal applied multiplier of 18 for deceased aged 30 years, which is contrary to the settled principle in Sarla Verma v. Delhi Transport Corporation, (2009) 6 SCC 121, where the correct multiplier for age 30 is 16. The High Court corrected the multiplier and reduced compensation accordingly. (Paras 1-3)
B) Motor Accident Claims - Appeal - Section 173(1) Motor Vehicles Act, 1988 - The appellant KKRTC challenged the award dated 14.03.2025 in MVC No.1432/2024 passed by MACT & I Addl. Senior Civil Judge, Kalaburagi, which awarded Rs.1,10,36,200/- with 6% interest. The High Court partly allowed the appeal, reducing the compensation to Rs.98,10,200/-. (Paras 1-3)
Issue of Consideration
Whether the Tribunal erred in applying the multiplier of 18 instead of the correct multiplier of 16 for a deceased aged 30 years, and whether the compensation awarded is excessive.
Final Decision
Appeal partly allowed. The compensation awarded by the Tribunal is reduced from Rs.1,10,36,200/- to Rs.98,10,200/-. The award is modified accordingly.
Law Points
- Motor Vehicles Act
- 1988
- Section 173(1)
- Compensation
- Multiplier
- Sarla Verma v. Delhi Transport Corporation
- 2009
Case Details
2026 LawText (KAR) (04) 59
MFA No. 201877 of 2025 (MV-D)
Suraj Govindaraj, Chillakur Sumalatha
Sri. Mahantesh Patil (for appellant), Sri. Sanjeev Patil (for respondents)
The Managing Director, KKRTC, Sarige Sadan, Main Road, Kalaburagi - 585 103.
Sunita W/o Late Vinod Kumar Mane, Gourishankar S/o Vinod Kumar, Lakshminarayana S/o Vinod Kumar, Shashikala W/o Bhimrao More
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Nature of Litigation
Appeal against award of compensation in motor accident claim
Remedy Sought
Appellant KKRTC sought to set aside the judgment and award dated 14.03.2025 in MVC No.1432/2024 passed by MACT & I Addl. Senior Civil Judge, Kalaburagi
Filing Reason
Appellant contended that the Tribunal erred in applying multiplier of 18 instead of correct multiplier of 16 for deceased aged 30 years
Previous Decisions
MACT & I Addl. Senior Civil Judge, Kalaburagi allowed claim petition and awarded Rs.1,10,36,200/- with 6% interest per annum
Issues
Whether the Tribunal erred in applying multiplier of 18 instead of 16 for deceased aged 30 years?
Submissions/Arguments
Appellant argued that the multiplier applied by the Tribunal is incorrect as per Sarla Verma case.
Ratio Decidendi
The correct multiplier for a deceased aged 30 years is 16 as per Sarla Verma v. Delhi Transport Corporation, (2009) 6 SCC 121. The Tribunal's application of multiplier 18 was erroneous, warranting reduction in compensation.
Judgment Excerpts
The MACT and I Additional Senior Civil Judge, Kalaburagi, had allowed the claim petition by award dated 14.03.2025 in MVC No.1432/2024 and awarded a compensation of Rs.1,10,36,200/- with 6% interest per annum.
The appellant most humbly pray that this Hon’ble Court may kindly be pleased to set aside the judgment and award dated 14.03.2025 in MVC No.1432/2024 passed by the learned Motor Accident Claim Tribunal (MACT) & I Addl. Senior Civil Judge Kalaburagi, in the interest of justice and equity.
Procedural History
The claim petition was filed before MACT & I Addl. Senior Civil Judge, Kalaburagi, which was allowed on 14.03.2025 awarding compensation. The appellant KKRTC filed this appeal under Section 173(1) of the Motor Vehicles Act, 1988 before the High Court of Karnataka, Kalaburagi Bench, which was heard and disposed of on 23.04.2026.
Acts & Sections
- Motor Vehicles Act, 1988: 173(1)
