# BANGALORE METROPOLITAN TRANSPORT CORP v. PADMA AND ORS

- **Citation:** [2009] 3 S.C.R. 464
- **Court:** Supreme Court of India
- **Decided:** 2009-02-25
- **Case number:** Civil Appeal No. 1251 of 2009
- **Bench:** Dr. Arijit Pasayat, Dr. Mukundakam >- Sharma
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/bangalore-metropolitan-transport-corp-v-padma-and-ors-25596
- **Pages:** 4

## Headnote

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
E died. At the time of the incident, the deceased was about
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
..
..
F
lakhs after adopting a multiplier of 12. The order was
affirmed by the High Court. Hence the present appeal.
Disposing of the appeal, the Court
HELD: The deceased was aged about 53 years on
G the date of accident. That being so the appropriate
"
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; 467H A-B]
464
BANGALORE METROPOLITAN TRANSPORT CORP. v.
465
-I
PADMA AND ORS.

## Text

[2009] 3 S.C.R. 464
~ t
A
BANGALORE METROPOLITAN TRANSPORT CORP.
v.
PADMA AND ORS.
(Civil Appeal No. 1251 of 2009)
B
FEBRUARY 25, 2009
[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
E died. At the time of the incident, the deceased was about
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
..
..
F
lakhs after adopting a multiplier of 12. The order was
affirmed by the High Court. Hence the present appeal.
Disposing of the appeal, the Court
HELD: The deceased was aged about 53 years on
G the date of accident. That being so the appropriate
"
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; 467H A-B]
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
F
manner by its driver while he was at the BMTC bus stand at
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
c loss of dependency of Rs.10,77,032/- to which certain amounts
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.