Allowed

Smt Vijayashri W/O Gundappa Rathod v. the Md, Msrtc (St)

Karnataka HC1 Aug 2014MFA/30329/2009

Case brief

AI extract

What is this about?

This Miscellaneous First Appeal challenged the Motor Accident Claims Tribunal's adoption of Rs.3,000/- monthly income. The High Court held that the maximum permissible income under the Schedule for Section 163A claims was Rs.40,000/- per annum. Consequently, the court modified the award, granting additional compensation of Rs.45,333/- along with interest.

What did the court decide?

The appeal was allowed, the award was modified, and additional compensation of Rs.45,333/- payable with interest at 6% per annum.

Smt Vijayashri W/O Gundappa Rathod Vs the Md, Msrtc… — Motor Accident Claims | Karnataka HC (2014)

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IN THE HIGH COURT OF KARNATAKA, GULBARGA BENCH

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DATED THIS THE 1^ST OF AUGUST, 2014

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BEFORE

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THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY

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MISCELLANEOUS FIRST APPEAL NO.30329/2009 (MV)

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BETWEEN:

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Vijayashri W/o Gundappa Rathod Age: 23 years, Occupation: House hold work

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Valubai W/o Annappa Nayak Age: 46 years, Occupation: House hold work

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Annappa S/o Methu Nayak Age: 57 years, Occupation: Coolie

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All are R/o B. Salawadagi Taluka: Muddebihal.

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… APPELLANTS (Shri Harshavaradhan R. Malipatil, Advocate)

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AND:

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The M.D. MSRTC (ST), Throug Divisional Controller, MSRTC (ST) Solapur Division Solapur (Maharashtra State).

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… RESPONDENT

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(Shri Shivashankar H. Manur and Shri M.A. Kakhandaki, Advocates)

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This Miscellaneous First Appeal is filed under Section 173 (1) of Motor Vehicles Act, 1988 against the Judgement and Award dated 19.11.2008 passed in MVC No.18/2008 on the file of the Motor Accident Claims Tribunal, Muddebihal, partly allowing the claim petition for compensation.

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This appeal coming on for Hearing, this day, the Court delivered the following:

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JUDGMENT

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Heard the learned Counsel for the appellant and the respondent.

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The limited ground on which the appeal is heard and disposed of, is whether the Tribunal was justified in adopting Rs.3,000/- as the notional income per month when the claimant had urged that the notional income was Rs.4,500/-. However, the claim petition having been filed under Section 163A of the Motor Vehicles Act, 1988 (Hereinafter referred to as the ‘MV Act’, for brevity), the maximum permissible under the Schedule to the MV Act, in terms of which, the claim would have to be

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decided, permitted Rs.40,000/- per annum as the income. Therefore, there is a difference of about Rs.4,000/- in the determination by the Tribunal and the maximum amount indicated in the Schedule. Consequently, if the income is taken at Rs.40,000/- per annum and if calculation is made on that basis, the appellant is entitled to a further additional compensation.

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Though the learned Counsel for the respondent would

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seek to contend that the Tribunal was justified in adopting Rs.3,000/- per month as the notional income, no injustice is caused if Rs.40,000/- is accepted. As the appellant was said to be a driver and the accident was of the year 2004, it would be reasonable to accept that the income was at least Rs.40,000/per annum. Consequently, the appellant would be entitled to additional compensation of Rs.45,333/-.

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The appeal is allowed in terms as above and the award stands modified. The additional compensation would also carry

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interest at 6% per annum from the date of the claim petition till

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the date of payment.

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Sd/JUDGE

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Smt Vijayashri W/O Gundappa Rathod v. the Md, Msrtc (St)

Case brief

What is this about?

What did the court decide?

Smt Vijayashri W/O Gundappa Rathod v. the Md, Msrtc (St)

Case brief

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What did the court decide?

What the court decided

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