2012 (3) AIR Kar R 214 ::2012 AAC 1977 (KAR) ::(2012) 4 ACJ 2781 ::(2013) 1 TAC 775 ::(2012) 3 KCCR 1823 ::(2012) 6 Kant LJ 142

Karnataka High Court

Hon'ble Judge(s): K. Bhakthavatsala, K. Govindarajulu , JJ

( A ) Motor Vehicles Act (59 of 1988) S. 166 (2) — Accident claim — Territorial jurisdiction — Claimants were residing and accident also occurred within jurisdiction of Chitradurga District — Claim petition filed before Court of Additional MACT at Bangalore — Insurance Company carried its business within territorial jurisdiction of MACT, Bangalore — Consequently claims Tribunal at Bangalore would have jurisdiction to entertain claim. (Paras9)

( B ) Motor Vehicles Act (59 of 1988) S. 173 — Appeal — New plea — Question as to jurisdiction of claims tribunal — Not taken in first instance — Raised by insurance company in appeal — Not tenable. (Paras11)

( C ) Motor Vehicles Act (59 of 1988) S. 149 — Liability of insurer — Death of passenger of goods vehicle — Plea that deceased was travelling in goods vehicle in breach of condition of policy — However, deceased was travelling in vehicle as owner of goods and not as passenger — Thus claimants were entitled to claim compensation from Insurance Company — Insurance Company liable to indemnify owner of vehicle. (Paras13)

( D ) Motor Vehicles Act (59 of 1988) S. 168 — Compensation — Determination — Deceased was agriculturist and doing business of rearing sheep — His income can be fixed at Rs.6,000/- p.m. — He had 7 dependent members — 1/5th of income should be deducted towards personal expenses of deceased — If sum of Rs.1,200/- was deducted towards personal expenses of deceased, loss of dependency of claimants would come to Rs.4,800/- p.m. — Since deceased was 35 years old, multiplier of 16 would be applicable — Claimants held entitled to compensation of Rs.5,76,000/-. (Paras15)