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2008 Supreme(SC) 676

S.B.SINHA, V.S.SIRPURKAR
MG. Dir. , Bangalore Metropolitan Tpt. Corp. – Appellant
Versus
Sarojamma – Respondent


JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. One Ravi Kumar (deceased) son of Respondent no. 1 was travelling in a bus belonging to the appellant on 25.11.1998. It met with an accident. The deceased sustained injuries. He subsequently succumbed thereto. He was unmarried. He was aged about 18 years. He left behind the respondent No. 1 as his only heir and legal representative. A claim petition was filed in terms of Section 163-A of the Motor Vehicles Act, 1988 (for short “the Act”). The Tribunal calculated the loss of dependency at Rs.3,84,000/-, wherefor the multiplier of 16 was applied. The Tribunal estimated the income of the deceased at Rs.3,000/- p.m. One-third was deducted from the said amount towards his personal expenses. An appeal was preferred thereagainst by the appellant. By reason of the impugned judgment, the High Court while allowing the multiplier of 15 instead of 16 increased the rate of interest from 7% to 10%. Respondent No. 1 was held to be entitled to a total sum of Rs. 3,64,500/- (Rs. 3,60,000 + 2,000 + 2,500).

3. Mr. R.S. Hegde, learned counsel appearing on behalf of the appellant would submit :

(i) There was no evidence to show that the deceased was earn


























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