The claimants, who are the wife and children, sought for compensation for the death of one S.Y.Karim Yusuf in a road accident that occurred on 04.12.2002. The Tribunal held that the rash and negligent driving by the driver of the respondent ? Transport Corporation bus was the cause for the accident that occurred on 04.12.2002. The Transport Corporation has not challenged the award. Therefore, the question of negligence does not arise in this appeal.
2. Though the claimants sought for a sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) as compensation, the Tribunal after considering the oral and documentary evidence, held that the claimants are entitled to the following amounts:
Sl.No.
Head(s) Amount(s) (Rs.)
1. Loss of Dependency 4,78,214.00
2. Loss of Consortium 20,000.00
3. Funeral Expenses 2,000.00
4. Damages to Clothings 500.00
5. Transportation Charges 500.00
6. Loss of Love and Affection (7 X Rs.5,000) 35,000.00 Total 5,36,214.00 Thus, the total compensation of Rs.5,36,214/- (Rupees Five Lakhs Thirty Six Thousand Two Hundred and Fourteen only) along with interest at 7.5% per annum from the date of petition till date of deposit, was awarded.
3. Contending that the compensation awarded is on the lower side, the claimants have come forward with this appeal.
4. Mr.C.Godwin, learned Counsel for the appellants/claimants would contend that the Tribunal erred in deducting 1/3rd amount towards the personal expenses of the deceased. The learned Counsel would submit that considering the fact that the deceased had as many as eight dependents, the Tribunal was not justified in deducting 1/3rd amount towards his personal expenses.
5. I see force in the contention of the learned Counsel for the appellants/claimants. It is quite natural for a person to spend less on himself when he has more dependents. Therefore, I consider that deduction of 1/4th of his income for personal expenses of the deceased would be just and proper.
6. The Tribunal has arrived at a sum of Rs.65,211/- (Rupees Sixty Five Thousand Two Hundred and Eleven only) towards annual income of the deceased and after deducting 1/4th amount towards his personal expenses, the annual loss of dependency works out to Rs.48,908.25 (Rs.65,211/- - Rs.16302.75). It is rounded off to Rs.49,000/- (Rupees Forty Nine Thousand only).
7. Admittedly, the deceased was aged about 51 years at the time of the accident and hence, the appropriate multiplier to be applied is 11. The total loss of dependency, thus calculated, works out to Rs.5,39,000/- (Rupees Five Lakhs and Thirty Nine Thousand only).
8. The learned Counsel for the appellants/claimants further contended that the amounts awarded towards loss of consortium and loss of love and affection are also very meagre.
9. The Tribunal has awarded a sum of Rs.20,000/- (Rupees Twenty Thousand only) on the head of loss of consortium, which, in my opinion, is very low. Considering the age of the deceased, the award on the ground of loss of consortium is enhanced to Rs.50,000/- (Rupees Fifty Thousand only).
10. The award of Rs.5,000/- (Rupees Five Thousand only) each to the appellants 2 to 8/children of the deceased, is abysmally low and the same is enhanced to a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each to the appellants 2 to 8. Therefore, the appellants/claimants would be entitled to the following amounts:
Sl.No.
Head(s) Amount(s) confirmed/ enhanced by this Court (Rs.)
1. Loss of Dependency 5,39,000.00
2. Loss of Consortium 50,000.00
3. Funeral Expenses 2,000.00
4. Damage to Clothing 500.00
5. Transportation Charges 500.00
6. Loss of Love and Affection (7 X Rs.15,000) 1,05,000.00 Total 6,97,000.00
11. In all, the award of the Tribunal is enhanced to Rs.6,97,000/- (Rupees Six Lakhs and Ninety Seven Thousand only) and the respondent/Transport Corporation is also liable to pay interest at the rate of 7.5% per annum from the date of petition till date of deposit on the enhanced amount, namely, Rs.1,60,786/- (Rupees One Lakh Sixty Thousand Seven Hundred and Eighty Six only). The amount awarded towards loss of dependency shall be shared by all the eight appellants/claimants equally. The first appellant/wife shall be entitled to Rs.50,000/- (Rupees Fifty Thousand only) awarded towards loss of consortium and a sum of Rs.3,000/- (Rupees Three Thousand only) awarded towards funeral expenses, damage to clothing and transportation charges. The other appellants/claimants will be entitled to Rs.15,000/- (Rupees Fifteen Thousand only) each, apart from their respective share in the amount granted towards loss of dependency, towards loss of love and affection.
12. In the result, this Civil Miscellaneous Appeal is partly allowed and the award of the Tribunal dated 25.07.2007, passed in M.C.O.P.No.718 of 2003 on the file of the Motor Accident Claims Tribunal ? III Additional District and Sessions Court (PCR), Madurai, is modified as indicated above. The respondent/Transport Corporation shall deposit the enhanced award amount along with interest at the rate of 7.5% per annum from the date of petition till date of deposit to the credit of M.C.O.P.No.718 of 2003 on the file of the Motor Accident Claims Tribunal ? III Additional District and Sessions Court (PCR), Madurai, within a period of twelve weeks from the date of receipt of a copy of this judgment. No costs.
To
1.The Motor Accident Claims Tribunal ? III Additional District and Sessions Court (PCR), Madurai.
2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai..