S.B. SHIVAMURTHY SHIVACHARY HIREMUTT Vs. SHABIR AHAMED

JUDGEMENT

(1.) The appellant who was the claimant before the Senior Civil Judge and JMFC, Shorapur (for short, 'the Tribunal') is before this Court challenging the judgment and award dtd. 1/9/2023 in MVC No.175/2013.

(2.) The proceedings before the Tribunal had been filed on account of death of Sutreshwar Shivacharya Swamiji in a road traffic accident on 20/5/2011 at 03.00 p.m., He was the priest of Bale Honnur Shrimad Rambapur Virsinhasan Mutt, Achaler, Taluk Lohara, District Osmanabad. The accident occurred while he was proceeding in a jeep near Ambika Dhaba Bormani road, due to a head-on collision with a truck bearing Reg.No.KA-38-7947, which was registered by the insurance company.

(3.) The Tribunal, considering that the deceased was 55 years of age and accepting the fact that he was earning around Rs.20,000.00 per month by giving lectures as also further amount of Rs.5,00,000.00 from agriculture, being of the opinion that the successor of the Mutt was not a legal representative to claim loss of dependency, as such, denied compensation in respect of loss of dependency and awarded compensation only in respect of loss of estate at Rs.1,00,000.00and towards funeral expenses at Rs.20,000.00 coming to a grand total of Rs.1,20,000.00. It is challenging the same, the claimant is before this Court contending that the Mutt, having lost the services of the Head of the Mutt, who expired in the said accident, loss of dependency is required to be granted to the Mutt of which the claimant is a representative.