vegeta/nlplegal · Datasets at Hugging Face

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M.V.C.4650/2015 C/w 4651/2015
Rs.12,09,800/- (Rupees Twelve Lakhs Nine Thousand
Eight Hundred only) with interest at the rate of 8% p.m
annum from the date of petition, till the date of realisation.
27. It is held supra by this Tribunal that, the
accident has occurred due to the rash and negligent
driving of the BBMP Lorry bearing Reg.No.KA-02-AD-
8658 by it's driver. Respondent No.1 is the R.C. Owner
who submitted that, respondent No.2 is the insurer of the
Lorry bearing Reg.No.KA-02-AD-8658. But respondent
No.2 has denied the issuance of policy in respect of the
said lorry. Except the denial and suggestions it has not
examined any witness not produced any documents
before this Tribunal. Hence, Respondent No.1 and 2
being the RC Owner and insurer of the said offending
vehicle are jointly and severally liable to pay the
compensation to the petitioner. Respondent No.2 shall
indemnify the insured. Accordingly, issue No.2 is
answered partly in the affirmative.
30 SCCH-24
M.V.C.4650/2015 C/w 4651/2015
ISSUE NO.2 IN MVC NO.4651/2015:
28. It is the case of the petitioners that, petitioner
No.1 and 2 are the minor children and their paternal
grand father is represented as natural guardian. During
the trial, the natural guardian is reported to be dead on
16.05.2016 and his daughter has appeared before the
Tribunal as paternal aunt and natural guardian.
29. The petitioners are claiming compensation on
account of the death of the Swetha @ Bhagyamma in the
said Road Traffic Accident. It is stated in the claim
petition as well as in the evidence of P.W.2 that at the
time of accident deceased Swetha was hale and healthy
and was working as Layer at Marina Creations,
Bangalore and was earning a sum of Rs.8,000/- per
month. P.w.2 has deposed that, that if deceased Swetha
was alive, she would have earn Rs.20,000/- per month in
future but lost bright future prospects. She has
31 SCCH-24
M.V.C.4650/2015 C/w 4651/2015
maintaining the entire family and was the sole bread
earning member in the family. She was contributing her
entire earnings to their family. Due to the unfortunate
accident, their family is put to great hardship, mental
shock and starvation. In order to substantiate the
avocation and earnings of the deceased, the petitioners
have produced Ex.P.15, i.e 2-Pay Slips for the month of
July-2015 and August-2015. Wherein, it is mentioned
that Swetha. G.E had drawn the total salary of
Rs.6,821/- and after deduction of PF and ESI of Rs.949/-
she was getting net salary of Rs.5,872/- and Rs.5,761/-
respectively. In this regard petitioners have examined
one witness Mr. Ramesh Babu. R, HR Executive at
Mereena Creations as P.W.4. He has deposed that, the
deceased Swetha was worked in their organization as a
layer on a monthly salary of Rs.7,389/- and she was a
permanent employee in their company. He has produced
authorization letter at Ex.P.24, 6-Pay slips for the month
32 SCCH-24
M.V.C.4650/2015 C/w 4651/2015
of April-2015 to September-2015 at Ex.P.25, Salary
Register extract of January-2015 to September-2015 at
Ex.P.26, Muster Roll/Wages register at Ex.P.27 and
appointment letter of Swetha at Ex.P.28. In Ex.P.25 the
Gross Salary shown to be Basic - DA fixed at Rs.7,389/-
per month and she was getting wages depending upon
the number of days she worked during the month. In the
month of April-2015 she worked 22.50 days thereby
company has paid Rs.6,394/- after deduction of
Rs.879/- she drawn net salary of Rs.5,515/- in the said
month. In the Month of May-15, she got a net salary of
Rs.5,882/-, in the month June-15 she got a net salary of
Rs.6,765/-, in the month July-15 she got a net salary of
Rs.5,872/- and in the month of August-15 she drawn a
net salary of Rs.5,761/-. In the above said pay slips the
net salary was varies from month to month, because the
salary had been paid to the deceased depending upon her
working days. Therefore, taking into consideration of the
33 SCCH-24
M.V.C.4650/2015 C/w 4651/2015
above mentioned salaries if net income of the deceased is
considered at Rs.6,000/- per month that would meet the
ends of justice.
30. It is pertinent to note that, as per Ex.P.17 i.e
Aadhaar card, the date of birth of the deceased Swetha is
shown as 1985. As per Ex.P.17 age of the deceased is 30
years as on the date of the accident. Therefore, the age of
the deceased is considered as 30 years as on the date of
the accident.
31. It is held in the decision reported in 2013 ACJ
1403 between Rajesh and others V/s. Rajbir Singh and
others that, the claimants in case of death claim for the
purpose of compensation, must establish (a) Age of the
deceased, (b) Income of the deceased, (c) The number of
dependents. To arrive at the loss of dependency, claims
Tribunal must consider (i) Additions/deductions to be
made for arriving at the income: (ii) The deductions to be
made towards the personal and living expenses of the
34 SCCH-24
M.V.C.4650/2015 C/w 4651/2015

M.V.C.4650/2015 C/w 4651/2015

Rs.12,09,800/- (Rupees Twelve Lakhs Nine Thousand

Eight Hundred only) with interest at the rate of 8% p.m

annum from the date of petition, till the date of realisation.

27. It is held supra by this Tribunal that, the

accident has occurred due to the rash and negligent

driving of the BBMP Lorry bearing Reg.No.KA-02-AD-

8658 by it's driver. Respondent No.1 is the R.C. Owner

who submitted that, respondent No.2 is the insurer of the

Lorry bearing Reg.No.KA-02-AD-8658. But respondent

No.2 has denied the issuance of policy in respect of the

said lorry. Except the denial and suggestions it has not

examined any witness not produced any documents

before this Tribunal. Hence, Respondent No.1 and 2

being the RC Owner and insurer of the said offending

vehicle are jointly and severally liable to pay the

compensation to the petitioner. Respondent No.2 shall

indemnify the insured. Accordingly, issue No.2 is

answered partly in the affirmative.

30 SCCH-24

M.V.C.4650/2015 C/w 4651/2015

ISSUE NO.2 IN MVC NO.4651/2015:

28. It is the case of the petitioners that, petitioner

No.1 and 2 are the minor children and their paternal

grand father is represented as natural guardian. During

the trial, the natural guardian is reported to be dead on

16.05.2016 and his daughter has appeared before the

Tribunal as paternal aunt and natural guardian.

29. The petitioners are claiming compensation on

account of the death of the Swetha @ Bhagyamma in the

said Road Traffic Accident. It is stated in the claim

petition as well as in the evidence of P.W.2 that at the

time of accident deceased Swetha was hale and healthy

and was working as Layer at Marina Creations,

Bangalore and was earning a sum of Rs.8,000/- per

month. P.w.2 has deposed that, that if deceased Swetha

was alive, she would have earn Rs.20,000/- per month in

future but lost bright future prospects. She has

31 SCCH-24

M.V.C.4650/2015 C/w 4651/2015

maintaining the entire family and was the sole bread

earning member in the family. She was contributing her

entire earnings to their family. Due to the unfortunate

accident, their family is put to great hardship, mental

shock and starvation. In order to substantiate the

avocation and earnings of the deceased, the petitioners

have produced Ex.P.15, i.e 2-Pay Slips for the month of

July-2015 and August-2015. Wherein, it is mentioned

that Swetha. G.E had drawn the total salary of

Rs.6,821/- and after deduction of PF and ESI of Rs.949/-

she was getting net salary of Rs.5,872/- and Rs.5,761/-

respectively. In this regard petitioners have examined

one witness Mr. Ramesh Babu. R, HR Executive at

Mereena Creations as P.W.4. He has deposed that, the

deceased Swetha was worked in their organization as a

layer on a monthly salary of Rs.7,389/- and she was a

permanent employee in their company. He has produced

authorization letter at Ex.P.24, 6-Pay slips for the month

32 SCCH-24

M.V.C.4650/2015 C/w 4651/2015

of April-2015 to September-2015 at Ex.P.25, Salary

Register extract of January-2015 to September-2015 at

Ex.P.26, Muster Roll/Wages register at Ex.P.27 and

appointment letter of Swetha at Ex.P.28. In Ex.P.25 the

Gross Salary shown to be Basic - DA fixed at Rs.7,389/-

per month and she was getting wages depending upon

the number of days she worked during the month. In the

month of April-2015 she worked 22.50 days thereby

company has paid Rs.6,394/- after deduction of

Rs.879/- she drawn net salary of Rs.5,515/- in the said

month. In the Month of May-15, she got a net salary of

Rs.5,882/-, in the month June-15 she got a net salary of

Rs.6,765/-, in the month July-15 she got a net salary of

Rs.5,872/- and in the month of August-15 she drawn a

net salary of Rs.5,761/-. In the above said pay slips the

net salary was varies from month to month, because the

salary had been paid to the deceased depending upon her

working days. Therefore, taking into consideration of the

33 SCCH-24

M.V.C.4650/2015 C/w 4651/2015

above mentioned salaries if net income of the deceased is

considered at Rs.6,000/- per month that would meet the

ends of justice.

30. It is pertinent to note that, as per Ex.P.17 i.e

Aadhaar card, the date of birth of the deceased Swetha is

shown as 1985. As per Ex.P.17 age of the deceased is 30

years as on the date of the accident. Therefore, the age of

the deceased is considered as 30 years as on the date of

the accident.

31. It is held in the decision reported in 2013 ACJ

1403 between Rajesh and others V/s. Rajbir Singh and

others that, the claimants in case of death claim for the

purpose of compensation, must establish (a) Age of the

deceased, (b) Income of the deceased, (c) The number of

dependents. To arrive at the loss of dependency, claims

Tribunal must consider (i) Additions/deductions to be

made for arriving at the income: (ii) The deductions to be

made towards the personal and living expenses of the

34 SCCH-24

M.V.C.4650/2015 C/w 4651/2015