This civil miscellaneous appeal has been preferred by the appellant-Insurance Company against the award of Rs.22,43,100/- (Rupees twenty two lakhs forty three thousand and one hundred only) passed by the Tribunal with regard to the death of one Suresh, aged about 45 years, working as a Sales Representative in a Motor Company alleged to be earning a sum of Rs.20,000/- (Rupees twenty thousand only) per month, in the accident occurred on 12.10.2013, when he was riding his two-wheeler, which was knocked down by a Lorry belonged to the third respondent and insured with the appellant-Insurance Company. Therefore, the claim petition.
2. The Tribunal, on contest, found that the accident occurred because of the rash and negligent driving of the Lorry and awarded a sum of Rs.22,43,100/- (Rupees twenty two lakhs forty three thousand and one hundred only) as compensation. Aggrieved by the quantum of compensation awarded by the Tribunal, the Insurance Company is before this Court.
3. Heard Mr.J.S.Murali, learned counsel for the appellant ? Insurance Company and Mr.V.J.Barathan, learned counsel representing Mr.T.R.Jeyapalam, learned counsel for the respondents 1 and 2 / claimants.
4. Mr.J.S.Murali, learned counsel for the appellant ? Insurance Company would submit that only based on the evidence of P.W.3 and Ex.P13 ? Salary Certificate, the Tribunal determined the monthly income of the deceased at Rs.12,000/- (Rupees twelve thousand only), which is on the higher side. Further, 50% was added towards future prospects, especially when the age of the deceased was 45 years. Hence, the learned counsel seeks set aside of the award of the Tribunal.
5. Mr.V.J.Barathan, learned counsel representing Mr.T.R.Jeyapalam, learned counsel for the respondents 1 and 2 / claimants would support the Award of the Tribunal.
6. A perusal of the records would show that the Tribunal, based on the evidence of P.W.3, who is the Manager of K.K.Motors and Ex.P13 ? Salary Certificate, rightly determined the monthly income of the deceased at Rs.12,000/- (Rupees twelve thousand only). When P.W.3, who is the Manager of the Motor Company, wherein the deceased was working as a Sales Representative, deposed evidence with regard to the work done by the deceased and the amount drawn by him as monthly salary at Rs.12,000/- (Rupees twelve thousand only), there is no scope for disbelieving the evidence of P.W.3. Therefore, the monthly income of the deceased determined by the Tribunal at Rs.12,000/- (Rupees twelve thousand only) is confirmed.
7. As per Ex.P5 ? Postmortem Certificate, the age of the deceased was 45 years and as per the Judgment of the Honourable Supreme Court in Rajesh and others v. Rajbir Singh and others reported in (2013) 9 Supreme Court Cases 54, 30% alone should be added towards future prospects. However, the Tribunal erroneously added 50%. Therefore, 50% towards future prospects is reduced to 30%. Accordingly, after adding 30% towards future prospects, the monthly income of the deceased would be Rs.15,600/- (Rupees fifteen thousand and six hundred only) [Rs.12,000/- + Rs.3,600/-].
8. In sofar as deduction of amount towards personal expenses is concerned, the Tribunal rightly deducted 1/3rd amount and after deducting 1/3rd amount, the monthly contribution of the deceased to the family would be Rs.10,400/- (Rupees ten thousand and four hundred only) [Rs.15,600/- - Rs.5,200/-].
9. In sofar as adoption of multiplier is concerned, the Tribunal rightly adopted multiplier ?14? as per the age of the deceased viz., 45 years and the same is confirmed. Accordingly, the loss of income would be Rs.17,47,200/- (Rupees seventeen lakhs forty seven thousand and two hundred only) [Rs.10,400/- X 12 X 14].
10. A sum of Rs.2,100/- (Rupees two thousand and one hundred only) awarded towards transportation expenses is confirmed.
11. A sum of Rs.25,000/- (Rupees twenty five thousand only) awarded towards funeral expenses is also confirmed.
12. Similarly, a sum of Rs.1,00,000/- (Rupees one lakh only) awarded towards loss of love and affection to the second respondent / son of the deceased is confirmed.
13. A sum of Rs.1,00,000/- (Rupees one lakh only) awarded towards loss of consortium to the first respondent / wife of the deceased is confirmed.
14. No amount was awarded by the Tribunal towards loss of estate and therefore, this Court awards a sum of Rs.25,000/- (Rupees twenty five thousand only) under this head.
15. The rate of interest awarded by the Tribunal at 7.5% per annum is reasonable and hence, the same is confirmed.
16. Accordingly, the respondents 1 and 2/ claimants are entitled to a sum of Rs.19,99,300/- (Rupees nineteen lakhs ninety nine thousand and three hundred only) rounded off to Rs.20,00,000/- (Rupees twenty lakhs only) along with interest at the rate of 7.5% per annum from the date of petition till date of realization and proportionate costs.
17. In the result,
(i) This civil miscellaneous appeal is partly allowed, however, reducing the award amount from Rs.22,43,100/- (Rupees twenty two lakhs forty three thousand and one hundred only) to Rs.20,00,000/- (Rupees twenty lakhs only) along with interest at the rate of 7.5% per annum from the date of petition till date of realization and proportionate costs;
(ii) The respondents 1 and 2 / claimants are entitled to the shares as per the apportionment made by the Tribunal along with accrued interest and costs;
(iii) The appellant - Insurance Company is directed to deposit the entire award amount to the credit of M.C.O.P.No.93 of 2014, on the file of the Motor Accident Claims Tribunal - cum ? Principal District Court, Ramanathapuram, along with accrued interest and costs, within a period of four weeks from the date of receipt of a copy of this judgment;
(iv) On such deposit, the Tribunal is directed to transfer the share amount of the first / first claimant directly to her Personal Savings Bank Account Numbers, through RTGS/NEFT system, after getting their Account Details within a period of one week thereafter;
(v) Insofar as the share of the minor second respondent is concerned, the Tribunal shall deposit the same in an interest bearing Fixed Deposit in any one of the nationalised banks under the renewable scheme, till he attain majority and the first respondent / first claimant is permitted to withdraw the accrued interest once in two months for the welfare of the minor second claimant;
(vi) In the facts and circumstances of the case, there shall be no order as to costs. Consequently, the connected civil miscellaneous petition is closed.
To:
The Principal District Judge, Motor Accident Claims Tribunal, Ramanathapuram..