<p>Bengaluru: While assessing the loss of dependency of family members in cases of accidents, completed years of age must be considered rather than the running age, the High Court of Karnataka has stated.</p>.<p>Justice Chillakur Sumalatha ruled this while dismissing an appeal filed by the Bangalore Metropolitan Transport Corporation (BMTC).</p>.<p>The accident occurred on July 7, 2023, when a BMTC bus knocked down Siddappa, who was crossing Whitefield Main Road. He sustained grievous injuries and later died during treatment.</p>.<p>His wife, mother, and minor son moved the Motor Accident Claims Tribunal, Bengaluru, seeking compensation. On April 1, 2024, the tribunal awarded Rs 21.7 lakh with 6% interest.</p>.<p>The BMTC challenged this order, claiming that a multiplier of ‘13’ should have been applied instead of ‘14’, as applied by the tribunal for calculating the compensation under loss of dependency.</p>.80 people dead in BMTC bus accidents since 2024 .<p>Justice Sumalatha cited earlier judgments and noted that only the completed years of age should be considered, not the running age.</p>.<p>In the instant case, the accident victim was born on January 1, 1978, and the accident occurred on July 7, 2023, making his age 45 years, six months, and six days at the time of the accident. Although he was in his 46th year, his completed years of age were 45, the court noted. Therefore, the tribunal correctly applied the multiplier of ‘14’ for assessing the loss of dependency, the court said.</p>.<p>Insofar as contributory negligence is concerned, the tribunal had held that Siddappa was crossing the road at a location where he should not have ventured, attributing 10% negligence to him.</p>.<p>The tribunal had observed that Siddappa crossed the road where there was no zebra crossing. However, police filed a charge sheet solely against the BMTC driver. The High Court conceded the tribunal’s finding that Siddappa’s contribution to the accident was 10% and said its findings should not be overturned.</p>
<p>Bengaluru: While assessing the loss of dependency of family members in cases of accidents, completed years of age must be considered rather than the running age, the High Court of Karnataka has stated.</p>.<p>Justice Chillakur Sumalatha ruled this while dismissing an appeal filed by the Bangalore Metropolitan Transport Corporation (BMTC).</p>.<p>The accident occurred on July 7, 2023, when a BMTC bus knocked down Siddappa, who was crossing Whitefield Main Road. He sustained grievous injuries and later died during treatment.</p>.<p>His wife, mother, and minor son moved the Motor Accident Claims Tribunal, Bengaluru, seeking compensation. On April 1, 2024, the tribunal awarded Rs 21.7 lakh with 6% interest.</p>.<p>The BMTC challenged this order, claiming that a multiplier of ‘13’ should have been applied instead of ‘14’, as applied by the tribunal for calculating the compensation under loss of dependency.</p>.80 people dead in BMTC bus accidents since 2024 .<p>Justice Sumalatha cited earlier judgments and noted that only the completed years of age should be considered, not the running age.</p>.<p>In the instant case, the accident victim was born on January 1, 1978, and the accident occurred on July 7, 2023, making his age 45 years, six months, and six days at the time of the accident. Although he was in his 46th year, his completed years of age were 45, the court noted. Therefore, the tribunal correctly applied the multiplier of ‘14’ for assessing the loss of dependency, the court said.</p>.<p>Insofar as contributory negligence is concerned, the tribunal had held that Siddappa was crossing the road at a location where he should not have ventured, attributing 10% negligence to him.</p>.<p>The tribunal had observed that Siddappa crossed the road where there was no zebra crossing. However, police filed a charge sheet solely against the BMTC driver. The High Court conceded the tribunal’s finding that Siddappa’s contribution to the accident was 10% and said its findings should not be overturned.</p>