The Divisional Manager v. Smt Manjula W-O Anand Mallapuri
Motor Vehicles Act, 1988 – S.173(1)
Case brief
What is this about?
Insurer's MFA under S.173(1), MV Act 1988 against award of Rs.31,63,600/- + 6% p.a. interest (M.V.C. 1657/2022, VI Addl. Dist. & Sessions Judge and Addl. MACT, Belagavi) for fatal accident of 26.07.2022 in which Anand, ambulance helper aged about 33, died after being hit by bus AR-06-A-9838. Defence contentions rejected: (1) income — claimant No.1/WPW1 admitted Rs.7,000/- p.m. in cross-examination, but read in entirety (additional cash receipts, no clear proof of actual earnings) notional income of Rs.14,750/- p.m. upheld; (2) permit — Arunachal Pradesh-registered bus alleged to lack valid permit to ply in Karnataka; Tribunal's para 39 finding based on permit copy dated 31.05.2024 held valid, concurred with. Claimants: widow, two minor children (by guardian mother) and mother; respondent No.1 exparte below. Appeal dismissed; deposit transmitted to Tribunal; pending IAs disposed. Keywords: notional income, cross-examination admission, permit validity, out-of-State vehicle, insurer liability, fatal motor accident, Dharwad Bench.