Case Note & Summary
The appeal was filed by the claimants, parents of the deceased Kutubuddin, against the judgment and award dated 7.02.2009 passed by the XVIII Additional Judge, Court of Small Causes, Member, MACT-4, Bangalore in MVC No.1473/1998. The brief facts are that on 26.10.1995 at about 12.45 p.m., the son of the claimants, Kutubuddin, was travelling as a pillion rider on a motorcycle bearing No. MYA-5842 on 2nd main road, Vyalikaval, Bangalore from north to south, near 2nd road, when the rider of a scooter bearing No. MEI-1234 came from the opposite direction in a rash and negligent manner and dashed against the motorcycle, causing fatal injuries to Kutubuddin. The claimants filed a claim petition before the Motor Accidents Claims Tribunal seeking compensation. The Tribunal partly allowed the claim petition and awarded compensation. Aggrieved by the quantum of compensation, the claimants filed the present appeal seeking enhancement. The legal issue was whether the compensation awarded was just and proper. The claimants argued that the Tribunal had erred in assessing the income of the deceased and in applying the multiplier. The respondent insurance company opposed the appeal. The court analyzed the evidence and found that the deceased was aged 22 years and was a tailor earning Rs. 2,500 per month. The court held that the appropriate multiplier would be 18 as per the Second Schedule of the Motor Vehicles Act. The court assessed the income at Rs. 2,500 per month, deducted 1/3rd towards personal expenses, and applied the multiplier of 18, arriving at a loss of dependency of Rs. 3,60,000. Additionally, the court awarded Rs. 10,000 towards funeral expenses and Rs. 5,000 towards loss of estate. The total compensation was enhanced from Rs. 1,50,000 to Rs. 3,75,000. The appeal was allowed in part with interest at 6% per annum from the date of petition till deposit.
Headnote
A) Motor Accident Claims - Compensation Enhancement - Pillion Rider Death - Appellants sought enhancement of compensation awarded by MACT for death of their son in a road accident - Court held that the Tribunal's assessment of income and multiplier was inadequate and enhanced compensation - Held that the multiplier method should be applied based on the age of the deceased and the income should be assessed reasonably (Paras 2-5).
Issue of Consideration
Whether the compensation awarded by the Tribunal is just and proper and whether the appellants are entitled to enhancement.
Final Decision
Appeal allowed in part. Compensation enhanced from Rs. 1,50,000 to Rs. 3,75,000 with interest at 6% per annum from the date of petition till deposit.
Law Points
- Motor Vehicles Act
- 1988
- Section 173(1)
- Compensation Enhancement
- Multiplier Method
- Contributory Negligence
- Pillion Rider
