High CourtsSingle Bench(2016) 09 KAR CK 0083

Smt. Vasanthamma vs The Managing Director, M/s. Shashi Distilleries Private Limited

Karnataka High Court · Decided on 29 September 2016 · Citation: (2016) 4 KCCR 3483

HON’BLE JUDGES
Mrs. S. Sujatha, J.
RESULT
Dismissed
CASE NUMBER
Miscellaneous First Appeal No. 9113 of 2011 (MV)

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Judgment

5 paragraphs · 218 words

Mrs. S. Sujatha, J. - This appeal is directed against the Judgment and Order passed by the Motor Accident Claims Tribunal, Bangalore [the ''Tribunal'', for short] in MVC No.3391/2010.

2.

Admittedly, the claim petition was filed by the claimants - mother and sister of the deceased Srinivasa who died in the motor vehicle accident on 9.4.2010 under Section 163A of t he Motor Vehicles Act, 1988 [''Act'', for short].

3.

Section 163A of the Act is a special provision enacted to expedite the payment of compensation to the victims of road traffic accident on the basis of ''no fault liability''. Section 163A of the Act is based on pre-structured formula prescribed under II Schedule. Considering the same, the Tribunal has determined the monthly income of the deceased at Rs. 3,300/- while reckoning the loss of dependency. A sum of Rs. 2,000/- is awarded towards loss of estate and a sum of Rs. 2,500/- is awarded towards funeral and obsequies.

4.

The total compensation awarded by the Tribunal is just and reasonable and is in conformity with the provisions of Section 163A of the Act and the schedule prescribed. As such, no ground is made out by the appellant to interfere with the well reasoned Judgment and Award passed by the Tribunal.

Appeal stands dismissed as devoid of merits.