Facts
The appellant, daughter of the deceased Kallawwa, sought compensation under Section 166 of the Motor Vehicles Act, 1988, for her mother’s death after a KSRTC bus ran over her on 17 October 2018
Source reference: pp. 2–3The Tribunal awarded Rs. 7,52,000, including Rs. 6,34,500 for loss of dependency, based on a notional monthly income of Rs. 11,750, a 50% deduction for personal expenses and multiplier 9
Source reference: pp. 4–5The claimant appealed under Section 173(1), seeking enhancement, including on account of future prospects, the deduction for personal expenses, and consortium
Source reference: pp. 1, 5Issues
Whether the claimant was entitled to enhanced compensation, including revised loss of dependency and amounts for future prospects and consortium
Source reference: p. 6; pp. 8–9Law Applied
The claim was brought under Section 166 of the Motor Vehicles Act, 1988, and the appeal under Section 173(1) of that Act
Source reference: pp. 1, 2For calculating loss of dependency, the Court applied the multiplier corresponding to the deceased’s age under Sarla Verma v. Delhi Transport Corporation, which it identified as supporting multiplier 9 for the relevant age group
Source reference: p. 5It accepted the Karnataka State Legal Services Authority chart as the basis for assessing notional income where the deceased had no established permanent employment or proved income
Source reference: p. 8The Court also applied a 10% addition for future prospects, a one-third deduction for personal and living expenses, and awarded Rs. 40,000 for consortium
Source reference: pp. 8–9Reasoning
The Court upheld the Tribunal’s notional monthly income of Rs. 11,750 and multiplier 9, finding no evidence to establish a higher actual income
Source reference: p. 8It found that the Tribunal had deducted too much for personal expenses and held that a one-third deduction was appropriate; it also added 10% for future prospects, which the Tribunal had omitted
Source reference: p. 8The Court further awarded Rs. 40,000 for consortium and retained the medical expenses award.
Source reference: p. 8It treated the funeral expenses and loss of estate together as just and proper at Rs. 30,000
Source reference: pp. 8–9Holding
The appeal was allowed in part, and the Tribunal’s award was modified
The compensation table sets the revised total at Rs. 10,87,867, with interest at 6% per annum from the date of the petition until realization; the Tribunal’s apportionment, deposit and release directions were maintained, and the respondent was directed to deposit the amount within eight weeks
Source reference: pp. 9–11The judgment contains an apparent inconsistency: paragraph 20 states Rs. 10,47,867, while the compensation table and operative order state Rs. 10,87,867; the order also incorrectly describes Rs. 10,47,867 as the Tribunal’s award, although the Tribunal’s award is stated as Rs. 7,52,000
Source reference: pp. 4, 9–10Acts & Sections Cited
2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Motor Vehicles Act, 19882
Original Court PDF
BANDAWWA W/O KALLAPPA TELIvsTHE DIVISIONAL CONTROLLER KSRTC
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Original judgment, available to read, download and summarize on LawLens.in
