YALLAPPA, RAJU AND SONABAI Vs. MAHESH AND THE BRANCH/DIVISIONAL MANAGER, THROUGH BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THOUGH this matter is listed today for orders, by consent of the learned counsel appearing on both sides, the matter is heard for final disposal. This appeal is by the claimants in MVC No. 557/2010 on the file of MACT -V, Bijapur, seeking enhancement of compensation on being dis -satisfied with the quantum of compensation awarded by the Tribunal. Claimant Nos. 1 & 2 are the nephews (sons of brother) and claimant No. 3 is the wife of the brother of the deceased Baby @ Bebakka, daughter of Kallappa Koli, who died in the motor vehicle accident that occurred on 17.02.2010. The claimants claiming to be the heirs of the deceased Baby @ Bebakka sought compensation. The claim petition was opposed by the owner and insurer of the offending vehicle inter alia contending that the claimants are not entitled 'for any compensation, since they were not dependent on the deceased nor they are legal heirs, who could claim any compensation for the death of the deceased.

(2.) THE Tribunal on appreciation of oral and documentary evidence, by the judgment under appeal, after answering the issue regarding actionable negligence in the affirmative holding that the accident was solely due to the negligence of the driver of the Eicher Tempo, held that the claimants are entitled for global compensation of Rs. 1,50,000/ -towards the loss of estate, though they are not entitled for any compensation under the head of Loss of Dependency. The Tribunal directed the insurer of the offending vehicle to pay the said compensation with interest at 6% p.a. from the date of petition till the date of payment. Being dis -satisfied with the quantum of compensation, the claimants are before this court.

(3.) HAVING regard to the relationship of the claimants vis   -vis the deceased, the Tribunal is justified in holding that the claimants were not dependent on the deceased, as such, they are not entitled for compensation under the head of Loss of Dependency. Nevertheless, in the light of the law laid down by a division Bench of this Court in A. Manavalagan Vs. A. Krishnamurthy and Others ( : ILR 2004 KAR 3268), in a case of this nature, the heirs of the deceased are entitled for the compensation under the head of loss of estate under Section 2 of the Fatal Accidents Act, 1855. Section - 15 of the Hindu Succession Act deals with General Rules of succession in the case of female Hindus. As per Sub -section (1) of Section 15, the property of a female Hindu dying intestate, shall devolve according to the rules set -out in Section - 16 on different class of heirs enumerated in Clause (a) to (e) therein. It is not in dispute that the deceased has not left behind any of the legal heirs enumerated in Clauses (a), (b) and (c) of sub -section (1) of Section 15. Under clause (d), the property of such female would devolve on the heirs of her father.