LAWS(KAR)-2022-6-60

MANGALA Vs. MANAGING DIRECTOR OF MSRTC

Decided On June 22, 2022
MANGALA Appellant
V/S
Managing Director Of Msrtc Respondents

JUDGEMENT

(1.) This appeal is by the claimants in MVC No.1225/2014 on the file of the Motor Accident Claims Tribunal, Vijayapur.

(2.) In the accident that took place on 17/6/2014 at about 01-30 p.m., the husband of the first claimant and the father of the second and third claimants namely, Bharat was killed at the spot. The deceased was riding the motorcycle and the bus bearing registration No.MH- 40/N-8334 coming from opposite direction, dashed against the motorcycle. The cause for the accident is attributed to rash and negligent manner of driving by the driver of the bus.

(3.) When the claim petition was laid by the claimants, the Tribunal awarded total compensation of Rs.7,00,000.00. For calculating the loss of dependency, the Tribunal held the notional income of the deceased as Rs.5,000.00 per month, as the claimants could not produce any document in proof of actual business income of the deceased. Then, adding a certain sum on the other conventional heads, totally Rs.7,00,000.00 was awarded by the Tribunal.