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2011 Supreme(SC) 194

G.S.SINGHVI, ASOK KUMAR GANGULY
K. R. Madhusudhan – Appellant
Versus
Administrative Officer – Respondent


JUDGMENT

Ganguly, J. —

1. Delay condoned.

2. Leave granted.

3. On 4.10.1998, at about 8.55 a.m., V. Rajagopalaiah was crossing the road near Ashraya Hotel, B.M. Road, Channapatna, when a Maruti Van (owned by the first respondent) bearing registration No. KA-05-A-2535 came at a high speed and dashed against the deceased, causing severe injuries. He was taken to hospital, but he succumbed to his injuries.

4. The deceased was of 53 years of age and was survived by his wife and three sons, the present appellants. They filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming Rs.20,00,000/- as compensation. It was contested by the respondents.

5. Motor Accident Claims Tribunal (hereinafter “MACT”) found that the death of V. Rajagopalaiah was due to the rash and negligent driving of the van driver (the second respondent). The deceased was working as Senior Assistant in Karnataka Electricity Board (hereinafter “KEB”) and his last drawn gross monthly salary was Rs.15,642/- i.e. Rs.1,87,704/- annually. 1/3rd was deducted for personal expenses, after which the amount came to Rs.1,25,136/-. As deceased was 53 years of age, a multiplier of 11 was applied. The Tribunal a
















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