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Judgment
Mrs. S. Sujatha, J. - This appeal is by the Insurer directed against the Judgment and Award passed by the Motor Accident Claims Tribunal, Basavakalyan in MVC No. 76/ 2010.
Heard the learned Counsel appearing for the parties.
Learned Counsel for the Appellant would contend that the Tribunal while considering the claim petition filed under Section 163A of the Motor Vehicles Act, 1988 [�the Act'', for short] has wrongly deducted one-third towards the personal expenses of the deceased aged 25, at the time of occurrence of the accident. It is also contended that the Tribunal proceeded to evaluate the loss of dependency in terms of Section 166 of the Act. Accordingly, he seeks for modification of the Award passed by the Tribunal.
On the other hand, learned Counsel for the respondents-claimants supporting the Award passed by the Tribunal contends that The Tribunal after considering the age of the deceased at 25, applying the multiplier of 18 following the II Schedule to Section 163A of the Act, has rightly deducted one-third towards the personal expenses of the deceased which cannot be found fault with.
The Tribunal determined the loss of dependency applying the monthly income of the deceased at Rs. 3,300/-. It is noticed that the road traffic accident involved herein occurred on 4-12-2009. Normally, in the absence of adequate material produced by the victim of the road traffic accident to establish his monthly income, this Court is adopting Rs. 5,000/- as monthly income of the victims of the road traffic accident of the year 2009. If the same is adopted, the loss of dependency would be much higher. There is no merit in the arguments advanced by the learned Counsel for the Appellant that the Tribunal erred in determining the loss of dependency at Rs. 4,75,200/-. Even as per II Schedule to Section 163A of the Act, the deduction towards the personal expenses would be one-third and the same has been rightly deducted by the Tribunal. No other grounds are made out by the Appellant to interfere with the well reasoned Judgment and Award passed by the Tribunal.
Accordingly, the appeal is dismissed as devoid of merits.
The amount in deposit shall be transmitted to the jurisdictional Tribunal and claimants are at liberty to withdraw the same.