AND

AWARD

DATED:25.6.2011 PASSED IN MVC NO.1753/2009 ON THE

FILE OF II ADDITIONAL SENIOR CIVIL JUDGE & MEMBER,

MACT-VI, MANGALORE, DAKSHINA KANNADA, AWARDING

A COMPENSATION OF RS.4,12,500/- WITH INTEREST @

6% P.A. FROM THE DATE OF PETITION TILL REALISATION.

THIS M.F.A. COMING ON FOR HEARING THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

The present appeal is filed by the Insurance

Company challenging the judgment and award dated

3

25.06.2011 passed in MVC.No.1753/2009 by II Addl.

Senior Civil Judge & Member, MACT-VI, Mangalore,

D.K.

Brief facts of the case are as under:

On

22.07.2009

the

deceased

Yashavantha

Gowda was traveling as a pillion rider in Motor Cycle

bearing

Reg.No.KA-19-V-1107

from

Yedapadavu

towards Moodabidre. His friend Ashraf was riding the

said motor cycle slowly and steadily by observing all

the traffic rules. At about 4.45 pm., when the motor

cycle reached near Gandhi Nagara Marpady village on

Moodabidri,

Mangalore,

a

Bus

bearing

Reg.

No.KA-19-C-2191 came from the opposite direction in

an extremely high speed and in a rash and negligent

manner from wrong side of the road and hit against

the

motor

cycle.

As

a

result,

the

deceased

Yashavantha Gowda sustained grievous head injuries

due to which he lost consciousness. Immediately, he

was

shifted

to

Government

Wenlock

Hospital,

4

Mangalore. But he died on the way to the hospital due

to the accidental injuries. Claimant Nos.1 and 2 are

the parents and claimant Nos.3 and 4 are sisters of

the deceased. The claim petition was filed under

Section 163-A of Motor Vehicles Act (for short <the MV

Act=) claiming compensation of Rs.4,26,900/-. The

Tribunal has awarded compensation of Rs.4,12,500/-

with interest at 6% p.a., from the date of petition till

the date of its realization. Being aggrieved by the

same, the present appeal is filed before this Court.

3.

Learned

counsel

appearing

for

the

appellant-Insurance Company submitted that the

multiplier applied by the Tribunal is not correct.

Therefore, prays to make interference in this regard.

Further submitted that there are two vehicles involved

in

the

accident,

which

are

offending

vehicles.

Therefore, the owner and insurer of motor cycle are

also liable to pay the compensation. Hence, on this

5

ground also there is need for interference in the

judgment and award passed by the Tribunal.

4.

On

the

other

hand,

learned

counsel

appearing for respondent Nos.1 to 4 submitted that

the multiplier ought to be taken as per the age of the

deceased, but not as per the age of the parents and

that is correctly taken by the Tribunal. Therefore,

prays to dismiss the appeal.

5.

Further submitted that the Tribunal has

correctly held that the owner and insurer of the bus

are

jointly

and

severally

liable

to

pay

the

compensation. Therefore, in the absence of making

the motor vehicle as party, the Tribunal has correctly

held the owner of the bus No.KA-19-C-2191 and the

Insurer are jointly and severally liable to pay the

compensation. Therefore, submitted that there is no

need to make interference in the judgment and award

passed by the Tribunal.

6

6.

Here

the

claim

petition

is

filed

by

respondent Nos.1 to 4 under Section 163-A of the MV

Act. The Tribunal has correctly taken the multiplier as

18 according to the age of the deceased. The

appellant-Insurance Company has raised the ground

that the appropriate multiplier ought to have been

taken according to the age of the parents, but as per

the principles of law laid down by the Hon9ble Apex

Court in the cases of Sarla Verma and Others 3Vs-

Delhi Transport Corporation and Another reported

in AIR 2009 SCC 3104 and National Insurance

Co. Ltd., 3Vs- Pranay Sethi and Others

reported in AIR 2017 SC 5157, the appropriate

multiplier would be as per the age of the deceased

and that is correctly taken by the Tribunal. Hence, the

multiplier taken by the Tribunal is correct.

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7.

There are four dependents to the deceased.

Therefore, 1/3^rd of income was deducted towards the

personal