Karnataka High Court
Bangalore Metro Transport Corporation vs Lakshmamma And Ors. on 20 September, 2007
Equivalent citations: ILR2007KAR4488, 2008(3)KARLJ173, AIR 2008 (NOC) 316 (KAR.) = 2008 (1) AIR KAR R 76, 2008 (1) AIR KAR R 76
Author: K.L. Manjunath
Bench: K.L. Manjunath, Jawad Rahim
JUDGMENT K.L. Manjunath, J.
1. BMTC has filed this appeal challenging the Judgment and award passed by the MACT, Bangalore dated: 10-6-2002 in MVC 2110/1999. Respondents were the claimants before the tribunal. Originally claim petition was lodged by them under Section 166 of MV Act claiming compensation on account of the death of Hanumanna alias Ramanna who died in road traffic accident on 28-10-1998 at about 7-30 a.m. near Corporation Bus-stand, deceased was 51 years and drawing salary of Rs. 4090/-. Appellant-BMTC contested the case denying the accident. Later on amendment was sought by the claimants seeking permission of the court to convert claim petition from provisions of Section 166 of MV Act to Section 163-A of the MV Act restricting the income at Rs. 40,000/- per annum. The tribunal though held that deceased was annually getting Rs. 51,804/- restricting the income to Rs. 40,000/- awarded compensation of Rs. 3,02,833/-. This judgment and award is called in question in this appeal.
2. We have heard the counsel for both the parties.
3. It is not in dispute that deceased was a sweeper by profession and was an employee of the corporation of City of Bangalore and his gross salary was Rs. 4342/- and not salary was Rs. 4179/-. Ex.P-6 is the salary certificate. By looking into Ex.P-6, considering the pleadings of the claimants, we are of the opinion that claim petition under Section 163-A of the MV Act was not maintainable. Claim petition under Section 163-A is applicable to the person whose income is less than Rs. 40,000/- per annum. Tribunal has no power to restrict the income of the claimant or deceased as the case may be to Rs. 40,000/- to bring the petition within the purview of Section 163-A of the MV Act. Section 163-A of the MV Act is enacted to give benefit to particular class of people whose income is less than Rs. 40,000/- per annum. Therefore, when a person is having income of more than Rs. 40,000/- in order to get benefit under Section 163-A of the MV Act, cannot maintain a petition by restricting his income to Rs. 40,000/- per annum. Therefore, we are of the opinion that judgment and award of the tribunal has to be set aside and we have to direct the tribunal to consider the case of the claimants under Section 166 of the MV Act.
4. In the result, this appeal is allowed. Judgment and award of the tribunal are hereby set aside. Matter is remanded to the tribunal for fresh consideration and dispose of the claim petition treating it under Section 166 of the MV Act. Amount in deposit is ordered to be sent to the tribunal. If any amount is drawn by the claimants, same shall be subject to fresh outcome by the tribunal and out of the amount deposited by the BMTC if any amount is lying with the tribunal, same shall be invested in any nationalized bank in fixed deposit for a period of one year and the same shall be released subject to the outcome of the decision of the tribunal.