Managing Director Bangalore Metropolitan Transport Corporation v. P. S. Padmavathi
2008-11-21
H.G.RAMESH
body2008
DigiLaw.ai
Judgment :- Ramesh, J. This appeal is by the BMTC challenging the quantum of compensation awarded to a non-dependent married daughter/claimant towards the death of her mother by the VI Addl. Small Causes Judge and MACT, Bangalore, in MVC No.2787/03 dated 29.7.05. 2. On 17.5.03 around 10.30 a.m. when the mother of the claimant was proceeding near the old bus stand, Hoskote, due to the rash and negligent driving of the BMTC bus bearing No.KA-01-F-23 84 by its driver, it dashed against the deceased, as a result, she sustained grievous injuries and succumbed to the injuries. Having held an enquiry on the issue raised held that accident was due to negligence on the part of the driver of the vehicle in question. The Tribunal by taking the income of the deceased at Rs.3,000/- per month and by deducting 50% towards personal expenses and by applying the multiplier of 7, has awarded a total compensation of Rs.1,86,000/-on various heads with 7% interest p.a. Being aggrieved by the said order, the appellant/BMTC has filed this appeal. 3. Heard the learned Counsel for the appellant. None represents the respondent. 4. The learned Counsel for the appellant has relied upon several decisions of this Court and also the Supreme Court to contend that in case of a married daughter she is not dependent on her mother and as per Section 140 of the Motor Vehicles Act, at the most she would be entitled for Rs.50,000/-and not more than that. 5. Theclaimant would have incurred some expenses as her moral obligation when she is the only legal heir to look after the welfare of her mother. As such, the claimant would be entitled to some amount on the head of funeral expenses, loss of love and affection, transportation of the dead body etc., expenses. According to the claimant, her mother was doing a petty business and earning more than Rs.5,000/- per month. The Tribunal has awarded a sum of Rs.1,56,000/- towards loss of dependency by taking the multiplier of 7. However, the aspect of dependency has to be examined as to whether the mother was contributing towards the livelihood of her daughter. Although, the Tribunal has noted that the claimant was married and there is no question of loss of dependency, but deducting 50% towards the personal expenses of the deceased has awarded the above said amount.
However, the aspect of dependency has to be examined as to whether the mother was contributing towards the livelihood of her daughter. Although, the Tribunal has noted that the claimant was married and there is no question of loss of dependency, but deducting 50% towards the personal expenses of the deceased has awarded the above said amount. The said finding of the Tribunal cannot be found fault with. Each case has to be decided on its merits. Necessarily, if the mother had some income, although the daughter is married, she would have definitely contributed her earnings to her daughter out of love and affection that is loss of estate to the claimants daughter. In the circumstances, however, while modifying the judgment and award passed by the Tribunal, the amount of compensation awarded is reduced from Rs.1,86,000/-to Rs.1,25,000/-. 6. Accordingly, appeal is allowed in part. The amount in deposit be transferred to the Tribunal for disbursement.