Managing Director, Karnataka State Road Transport Corporation v. Sarafaraz Abdul Latif Herekar
2013-09-18
H.N.NAGAMOHAN DAS
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DigiLaw.ai
JUDGMENT H.N. Nagamohan Das, J. 1. This appeal is directed against the judgment and award dated 6th October, 2009 in MVC No. 255 of 2004 passed by the MACT at Khanapur. In a motor accident, on 27-2-2003, one Kallimulla died. The claimants are the unmarried brother and sister of the deceased. The Tribunal, by considering the age, occupation, income and the dependency, awarded compensation of Rs. 3,66,000/-. Aggrieved by the impugned judgment and award passed by the Tribunal, the appellant-KSRTC is before this Court. 2. Learned Counsel for the appellant contends that the claimants are major brother and sister of deceased and, as such, they are not dependents on the deceased. Therefore, the Tribunal committed an illegality in passing the impugned judgment and award. I decline to accept this contention of the learned Counsel for the appellant. Firstly, claimants being unmarried brother and sister of the deceased is not in dispute. There is no pleading and there is no evidence on the side of the appellants contending that claimants are not the dependants on the deceased, they are employed and they have got independent income. In the absence of any such pleading on the side of the appellant-Corporation, the Tribunal accepted the evidence of the claimants and passed the impugned order by following the law laid down by this Court in The Managing Director, Karnataka State Road Transport Corporation, Bangalore v. Venkataramappa K.S. and Others 2002 (2) Kar. L.J. 345 (DB) : ILR 2002 Kar. 887 (DB) I find no justifiable ground to interfere with the same. This is the only contention urged by the appellants. Accordingly, the appeal is hereby dismissed. The amount in deposit be remitted to the Tribunal for disbursement in terms of the award.