M.H. Uma Maheshwari & Ors. Versus United India Insurance Co. Ltd. & Anr.
Supreme Court of India (Full Bench (FB)- Three Judge)
Appeal (Civil), 2558 of 2022, Judgment Date: Jun 12, 2020
J U D G M E N T
R. Subhash Reddy, J.
1. Leave granted.
2. This civil appeal is filed by the claimants in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (for short, ‘the Act’) in MVC No.1639 of 2012 before the Motor Accident Claims Tribunal-VI and III Addl. Sr. Civil Judge, Mangalore, D.K. (for short, ‘the Tribunal’), aggrieved by the judgment dated 20.07.2017 passed in Misc. First Appeal No.4903 of 2016 by the High Court of Karnataka at Bengaluru.
3. Necessary facts in brief are as under :The deceased S.T. Devaraju was the husband of first appellant and father of appellant nos.2 and 3. On 16.07.2012 when he was travelling in the car, viz., Tata Indigo Manza bearing registration no.KA19-MC-5879 to Raichur, the said car met with an accident. The deceased Devaraju suffered severe injuries and subsequently died. The deceased Devaraju was working as Commissioner of Raichur City Municipal Corporation during the relevant time.
4. The appellants herein, alleging that accident occurred due to rash and negligent driving of the driver of the vehicle, filed claim petition under Section 166 of the Act claiming compensation of Rs.2,00,00,000/- with interest at the rate of 12% p.a. It was the case of the appellants that the deceased was drawing monthly salary of Rs.55,000/- and he was the KGS Cadre officer selected through Public Service Commission. Further pleading that due to untimely death of the deceased, the appellants lost dependency and the deceased was having bright future, the above said claim was made. The claim was opposed by the respondents by filing the written statement. The appellants have led oral and documentary evidence before the Tribunal. The first appellant was examined as PW-1 and on their behalf the other two witnesses were examined as PW-2 and PW-3 and documents Ex.P1 to P24 were marked. On behalf of the respondents, no oral evidence was adduced and only a copy of the Insurance Policy was marked as exhibit, with consent.