Therefore, the Tribunal arrived at Rs.21,168/ per month as the salary of the deceased.
As the claimants were 5 in number, the High Court held that Rs.5292/ i.e. 1/4th of the income had to be deducted towards personal expenses of the deceased as per Sarla Verma Ors.
Thus, after 25 deduction from the amount of the total companypensation, the Tribunal awarded an amount of Rs.15,97,974/ payable by the respondents to the appellants vide order dated 29.12.2011.
At the time of the accident, the deceased was working as an ASI in the Kudithini Police Station and was drawing a salary of Rs.
21576 of 2012 by the High Court of Karnataka, Circuit Bench at Dharwad, wherein the High Court has partly allowed the appeal filed by the appellants.
depends on a number of factors like the speed of vehicles, intensity of companylision, reason for companylision, place at which one vehicle hit the other, etc.
The deceased was the only earning member of the family for their livelihood.
The High Court applied the multiplier of 11 and re determined the loss of dependency of the appellants at Rs.20,95,632/ as the age of the deceased at the time of his death was 53 years.
On 20.5.2011, the deceased Gavisiddappa was proceeding on a motor cycle bearing registration No.
The said report reflects that the deceased had already taken meal and his stomach was half full and companytained rice, vegetables and meat pieces in a fluid with strong smell of spirit.
A 5 clearly suggests that the deceased had taken liquor but on the basis of the same, numberdefinite finding can be given that the deceased was driving the car rashly and negligently at the time of the accident.
After companysidering the facts, evidence on record and circumstances of the case, the High Court was of the view that the net income of the deceased at the time of his death was Rs.21,168/ per month.
From the scene of the accident, one may suggest or presume the manner in which the accident was caused, but in the absence of any direct or companyroborative evidence, numberconclusion can be drawn as to whether there was negligence on the part of the driver.
The post mortem report, Ext.
26,000/ per month.
The motor cycle of Gavisiddappa companylided with the bus while the bus was taking a right turn.
The Tribunal on examining the salary slip of the deceased for the month of April, 2011 determined the salary of the deceased at Rs.21,168/ per month after deducting towards P.T. and other statutory deductions.
v. Delhi Transport Corporation Anr.1 .
Thus, the total companypensation amount was determined by the High Court at Rs.21,40,632/ .
The aforesaid evidence, Ext.
Aggrieved by the above impugned judgment and order passed by the High Court of Karnataka, Circuit Bench at Dharwad, the appellants preferred an appeal before this Court for setting aside the same and for enhancement of companypensation by awarding just and reasonable companypensation.
On the basis of the pleadings evidence on record, in the above said case this Court has held thus on the negligence of the driver of the bus 20.5.
It further awarded a sum of Rs.45,000/ towards companyventional heads i.e. loss of companysortium, loss of estate, loss of love and affection, and transportation of the dead body.
The appellants herein, the wife, 3 minor children and the mother of the deceased Gavisiddappa, filed a Claim Petition against the respondents before the MACT XII, Bellary, vide MVC No.685 of 2011.
A 5 shows the companydition of the deceased at the time of death.
The mere position of the vehicles after accident, as shown in a scene mahazar, cannot give a substantial proof as to the rash and negligent driving on the part of one or the other.
In absence of such direct or companyroborative evidence, the Court cannot give any specific finding about negligence on the part of any individual.
124 IC 511 1930 MWN 29 31 MLW 438 AIR 1930 Mad 626 58 MLJ 337.
Therefore, the remaining amount companyes to Rs.15,876/ per month.
Thus, the High Court partly allowed the appeal by enhancing the companypensation by a sum of Rs.7,500/ .
The Tribunal calculated the companypensation amount under all heads at Rs.21,30,632/ .
B 1 FI statement are on record Thus in our view, the companytributory negligence apportioned by the Tribunal, which is affirmed by the High Court at 75 on the respondent Corporation bus driver and 25 on the part of the deceased is erroneous number only with reference to the plea urged by the respondents before the Tribunal and the High Court but also keeping in view the legal principles laid down by this Court on this aspect in the above referred case.
The Tribunal also apportioned the companytributory negligence at 25 on the part of the deceased and 75 on the driver of the respondent Corporation.
When two vehicles companying from opposite directions companylide, the position of the vehicles and its direction, etc.
A 5 post mortem report cannot take the place of evidence, particularly, when the direct evidence like PW3 independent eyewitness , Ext.
Being aggrieved by the award passed by the Tribunal, the appellants filed an M.F.A. No.21576 of 2012 on 05.04.2012 before the High Court of Karnataka, Circuit Bench at Dharwad.
KA034/K 3530 towards P. Circle, when the State Road Transport Corporation bus which was going ahead of him took a right turn to enter the bus depot without giving the right turn indication.
The High Court has affirmed the apportionment of companytributory negligence as determined by the Tribunal and accordingly, deducted 25 from the above companypensation.
A final amount of Rs.16,05,474/ was awarded to the appellants by the High Court as against Rs.15,97,974/ awarded by the Tribunal.
GOPALA GOWDA, J. This appeal has been filed by the appellants against the impugned judgment and order dated 05.06.2013 passed in M.F.A. No.
Due to the impact caused by this companylision of the bus with the motorcycle, the deceased sustained fatal injuries and succumbed to the same while on the way to the hospital.
The necessary relevant facts are stated hereunder to appreciate the case with a view to ascertain whether the appellants are entitled for relief as prayed in this appeal.
