Karnataka High Court
Malumbi - Appellant
Versus
Albin Abdul - Respondent
Decided On : 02-14-91
C.R.P. : 375 of 1991
Motor Accidents Claims Tribunal - Motor Vehicles Act - Sections 110-A, 110-B, 111, 111-A
Fact of the Case:
Deceased Dastagirisab's family filed a compensation claim under Section 110-A of the Motor Vehicles Act. The tribunal awarded compensation and directed a portion to be deposited in a nationalized bank for the widow and minor children. The claimants sought modification of the order, but the tribunal refused. The petitioners filed a revision petition against the tribunal's order.
Finding of the Court:
The court found that the tribunal's direction to deposit the compensation amount in a nationalized bank was arbitrary and illegal. It held that the duty of the court is to quantify and award compensation, not to direct how the compensation amount should be spent or utilized.
Issues: 1. Whether the tribunal is authorized to direct the compensation amount to be deposited in a particular manner. 2. Whether such direction affects the dignity and decorum of the court.
Ratio Decidendi: The court held that the Motor Vehicles Act does not authorize the tribunal to direct the application of compensation funds. It emphasized that the duty of the court is to award compensation, not to direct its utilization. The court also highlighted the importance of maintaining the dignity and decorum of the court.
Final Decision: The revision petition was allowed, the tribunal's order was set aside, and the matter was remitted to the Motor Accidents Claims Tribunal for reconsideration.
( 1 ) THIS revision petition is filed against an order passed by the Motor Accidents Claims tribunal, Dharwad on LA. IX filed by the claimants requesting the Tribunal to modify the award regarding its direction to deposit the compensation amount awarded to the claimants in any nationalised Bank in the manner indicated in the said award.
( 2 ) A few facts are: Deceased Dastagirisab met with a motor accident on 18-8-1985 who was the only bread earner to the members of his family. Because of his untimely and unforeseen death, his wife and four children became destitutes. They approached the Motor Accidents claims Tribunal, Dharwad, with an application under Section 110-A of the Motor Vehicles Act claiming compensation. The Motor Accidents claims Tribunal after hearing both sides, namely, the claimants and so also the owner and driver of the vehicle and the Insurance Company, awarded compensation in a sum of Rs. 77,000/- to all the claimants, and then it apportioned in the following manner: i) The widow Smt. Malumbi is entitled to get Rs. 25,000/- with proportionate interest and costs; ii) The other claimants, namely, claimant Nos. 2 to 5, are entitled to get Rs. 13,000/- with proportionate interest and costs. The operative portion of the award reads as follows:"the petition is allowed with costs. Respondents 1 to 3 are jointly and severally liable to pay a sum of Rs. 77,000/- to the petitioners with interest at six per cent per annum from the date of petition till realisation. Out of the compensation now awarded, first petitioner Malumbi, shall be entitled to rs. 25,000/- with proportionate interest and costs. Out of this amount, she shall be paid rs. 5,000/- with proportionate interest and costs. The balance of Rs. 20,000/- shall be deposited in her name initially for a period of five years in any nationalised bank of her choice to be periodically renewed until such time she suggests a better and gainful investment. The minor petitioners 2 to 5 shall each be entitled to Rs. 13,000/- with proportionate interest and costs. The same shall be deposited in their respective names during their minority in any nationalised bank of the choice of the first petitioner mother and next friend. "
( 3 ) CLAIMANTS as they felt that the amount awarded in the form of compensation to them as just and reasonable did not take step to seek its enhancement by filing an appeal before this court, because they felt that they had already lost the bread-earner and each day was a problem for them to eke-out their livelihood and satisfied that the compensation awarded came as a consolation to them. These illiterate and ignorant claimants felt that the amount awarded by the tribunal would compensate the loss of their bread earner, namely, deceased Dastagirisab.
( 4 ) IT is needless to say, compensation will be given after taking into consideration the loss caused to the family and the sufferings underwent. The idea behind awarding of compensation is not only to put the person in a position to feel that having lost one object but gained or replaced the same by some other object. But it is also a welfare measure which is the aim of any civilized society. As far as awarding of compensation and its determination under the Motor vehicles Act, 1939, concerned in case where compensation claimed either due to the death of the bread-earner or by injured person, the relevant provisions are Sections 110-A and 110-B, which read as follows: "section 110-A. (1) An application for compensation arising put of an accident of the nature specified in sub-section (1) of Section 110 may be made- (a) by the person who has sustained the injury; or (aa) by the owner of the property; or (b) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or ' (c) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may be: provided that where all the leg
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