BANGALORE METROPOLITAN TRANSPORT CORP.versusPADMA AND ORS.

                         [2009] 3 S.C.R. 464
                                                                        ~        t
A      BANGALORE METROPOLITAN TRANSPORT CORP.
                             v.
                     PADMA AND ORS.
              (Civil Appeal No. 1251 of 2009)
                        FEBRUARY 25, 2009
B
        [DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM
                                                                        >-
                       SHARMA, JJ.]

        Motor Vehicles Act, 1988 - s.166 - Fatal accident -
c Deceased aged 53 years was permanent employee in the
  State Government and drawing a salary of Rs.12,2391- with
  other benefits.of service- Claim for compensation- On facts,
  held: Appropriate multiplier would be 8 - On that basis loss
  of dependency comes to Rs. 7.83 lacs -Compensation fixed
                                                                            ..
                                                                       •
0 at Rs8.53 lacs with interest at the rate of 6% p.a. from the date
  of the claim.

       The husband of respondent no.1 was hit by a bus
  belonging to Appellant Corporation and consequently
  died. At the time of the incident, the deceased was about
E
  53 years of age and was a permanent employee in the                            Ji
  State Government drawing a salary of Rs.12,239/- per
  month with other benefits of service. The Motor Accident            •..
  Claims Tribunal awarded compensation of about Rs.11                            ..
  lakhs after adopting a multiplier of 12. The order was
F affirmed by the High Court. Hence the present appeal.

        Disposing of the appeal, the Court

       HELD: The deceased was aged about 53 years on
  the date of accident. That being so the appropriate
G
  multiplier would be 8. On that basis loss of dependency             "
  comes to Rs.7,83,296/-. The compensation is fixed at Rs.
  8,53,296/-. The amount shall carry interest at the rate of
  6% p.a. from the date of the claim. [Para 7] [466-H; 467-
  A-B]
H                                464
              BANGALORE METROPOLITAN TRANSPORT CORP. v.                   465
    -I                     PADMA AND ORS.
                 CIVIL APPELLATE JURISDICTION : Civil Appeal No.                 A
             1251 of 2009.

                  From the Judgment/Order dated 29.10.2007 of the High
             Court of Karnataka at Bangalore passed in Miscellaneous
             First Appeal No. 2536/2002(MV).                                     B
                  S.N. Bhat for the Appellant.

                  The Judgment of the Court was delivered by

                  DR. ARIJIT PASAYAT, J. 1. Leave granted.                       c
                  2. Challenge in this appeal is to the judgment of a Division
             bench of the Karnataka High Court dismissing the appeal filed
             under Section 173 of the Motor Vehicles Act, 1988 (in short
'    ..      the 'Act'). The Award made by the Motor Accidents Claims
             Tribunal, Bangalore (in short the 'MACT') was questioned in         D
             the appeal. MACT by its Award dated 16.2.2002 had awarded
             a sum of Rs.11,04,032/- as compensation.

                  3. Background facts giving rise to the appeal as projected
             by the claimants for compensation are as follows:                   E
                  On 14.12.1998 at 8.40 p.m. one T.S.C Shekar, the
         •   husband of claimant No.1 and father of claimant No.2 and son
             of claimant No. 3 were hit by the BMTC Bus bearing
             registration No.KA-01-F-300 driven in a rash and negligent
             manner by its driver while he was at the BMTC bus stand at F
             Bangalore. Due to such hit, he fell down suffering injuries and
             succumbed to the same. Claim in this regard was laid under
             Section 166 of the Act seeking compensation on the plea that
             the deceased was a permanent employee in the State
             Government working as a Superintendent on a salary of G
             Rs.12,239/- with other benefits of service and was aged 53
             years. Due to his sudden demise, they lost dependency as
             also consortium to the first claimant and love and affection to
             the second and third claimants. The claim was resisted by the
             BMTC contending that the vehicle in question was not involved H
    466        SUPREME COURT REPORTS                [2009) 3 S.C.R.


A in the accident and also contending that the deceased was in
  an intoxicated state by consumption of alcohol as a
  consequence of which he imbalanced himself and fell without
  involvement of the .bus. By such a fall, he suffered injuries and
  succumbed to the same. In short, the BMTC disputed
B involvement of the bus as a primary cause for the accident in
  question and thus sought to absolve itself of the noxious liability
  to pay compensation.

        Considering the evidence adduced the MACT fixed the
  loss of dependency of Rs.10,77,032/- to which certain amounts
c were  added towards conventional heads to arrive at the amount
  of Rs.11,04,032/-. The stand of the appellant was that the
  negligent act of the deceased himself had resulted in the
  accident and there was no negligence on the part of the driver            ...
  of the bus. Before the High Court it was submitted that the           •
D deceased was in an intoxicated state and, therefore, because
  of his negligence the accident occurred. The High Court noticed
  that there was no averment in the written statement and no
  evidence was led in that regard. The High Court also did not
  find any substance in the plea that the multiplier of 12 as
E adopted was in the higher side. Accordingly, the appeal was
  dismissed.

        4. In support of the appeal the stands taken before the
                                                                        •
    High Court were reiterated.
F         5. No one appeared on behalf of respondent in spite of
    service of respondent.

      6. So far as the stand that the accident occurred because
  the deceased was in an intoxicated state is concerned, the
G High Court has rightly noted that in the absence of any pleading
  and evidence to substantiate the stand there was no scope for
  accepting the plea.

       7. Coming to the question as to whether the multiplier is
H on the higher side, it appears that the deceased was aged
        BANGALORE METROPOLITAN TRANSPORT CORP. v.               467
            PADMA AND ORS. [DR. ARIJIT PASAYAT, J.] ·
. .,   about 53 years on the date of accident. That being so the A
       appropriate multiplier would be 8. On that basis loss of
       dependency comes to Rs.7,83,296/-. Since there is no
       challenge to the amount awarded under conventional heads,
       the amount awarded by the Tribunal and affirmed by the High
       Court i.e. Rs.70,000/- is maintained. The compensation is fixed B
       at Rs.8,53,296/-. The amount shall carry interest at the rate of
       6% p.a. from the date of the claim. While issuing notice on
       1oth July, 2008 a sum of Rs.7,00,000/- was directed to be
       deposited which it is stated has been deposited. The balance
       amount in terms of the present judgment shall be deposited c
       within six weeks to the concerned MACT. The mode of
       withdrawal include the amount to be kept in fixed deposit shall
       be fixed by the Tribunal.

           8. The Appeal is disposed of.
                                                                      D
       B.B.B.                                  Appeal disposed of.