This Civil Miscellaneous Appeal has been preferred by the appellant- Transport Corporation against the fixing of negligence on the part of the driver of the appellant-Transport Corporation and awarding a sum of Rs.11,24,000/- (Rupees Eleven Lakhs and Twenty Four Thousand only) for the death of one Jose.J.Haginsam @ Jose Sam, aged about 17 years, in the accident occurred on 04.11.2010 when he was travelling as a pillion rider in a motorcycle driven by one Premkumar and the two wheeler was hit by the appellant-Transport Corporation bus. Hence, the claim petition.
2. On contest, the Tribunal found that the accident occurred because of the rash and negligent driving of the driver of the appellant-Transport Corporation bus and awarded a sum of Rs.11,24,000/- (Rupees Eleven Lakhs and Twenty Four Thousand only) and that award is being challenged in this appeal before this Court.
3. Heard Mr.P.Prabhakaran, learned Counsel for the appellant-Transport Corporation, Mr.B.Tamil Nidhi, learned Counsel for the respondents 1 to 3 and Mr.C.Karthik, learned Counsel for the sixth respondent.
4. Mr.P.Prabhakaran, learned Counsel for the appellant-Transport Corporation would submit that the award of Rs.11,24,000/- (Rupees Eleven Lakhs and Twenty Four Thousand only) by taking the monthly income of the deceased at Rs.6,000/- (Rupees Six Thousand only) and adding 50% towards future prospects, for arriving at the monthly income of the deceased at Rs.9,000/- (Rupees Nine Thousand only) per month and adopting the multiplier based on the age of the deceased as 17, especially, when he was a non-earning member, is unsustainable.
5. He relied upon the judgment of the Honourable Supreme Court in Radhakrishna v. Gokul reported in 2013 (2) TN MAC 724 (SC), wherein for the death of 19 year old Engineering College student, a lumpsum payment of Rs.7,00,000/- (Rupees Seven Lakhs only) alone was awarded and therefore, he seeks to reduce the award amount.
6. On the other hand, Mr.B.Tamil Nidhi, learned Counsel for the respondents 1 to 3/claimants would submit that the deceased was a bright student and he was studying in 12th Standard and there was every chance of earning more money by him in future. He would rely upon the judgment of the Division Bench of this Court in The Managing Director, Tamil Nadu State Transport Corporation, Kancheepuram v. Minor S.Surya rep. By her father, Subramaniyam [C.M.A.No.2234 of 2016, decided on 22.09.2016], wherein a 14 year old student got injured and for determining the compensation, the Division Bench took a sum of Rs.6,000/- (Rupees Six Thousand only) as monthly income relying upon the judgment of the Honourable Supreme Court in V.Mekala v. M.Malathi reported in 2014 ACJ 1441 and thereafter, added 50% towards future prospects and determined the monthly income at Rs.9,000/- (Rupees Nine Thousand only).
7. In Iffco-Tokio General Insurance Co. Ltd. v. K.Elammal and others reported in 2015 (2) TN MAC 42, this Court, for the death of a B.Com., - Second Year student, determined the monthly income at Rs.6,000/- (Rupees Six Thousand only) and added 50% towards future prospects and a sum of Rs.9,000/- (Rupees Nine Thousand only) has been determined as the monthly income of the deceased.
8. In the case on hand, the deceased was studying 12th Standard and there is no dispute with regard to that. As rightly relied upon by the learned Counsel for the respondents 1 to 3/claimants, in V.Mekala v. M.Malathi reported in 2014 ACJ 1441, the Honourable Supreme Court determined the notional income of a 12th Standard student at Rs.10,000/- (Rupees Ten Thousand only) and 50% was added towards future prospects.
9. Similarly, in Iffco-Tokio General Insurance Co. Ltd. v. K.Elammal and others reported in 2015 (2) TN MAC 42, for the death of a 18 year old B.Com., Second Year student, a sum of Rs.6,000/- (Rupees Six Thousand only) was taken as monthly income and after adding 50% towards future prospects, a sum of Rs.9,000/- (Rupees Nine Thousand only) was arrived at the monthly income and therefore, the Tribunal is justified in taking a sum of Rs.6,000/- (Rupees Six Thousand only) as notional income of the deceased and in adding 50% towards future prospects as per the aforesaid judgments and also by following the judgment of the Honourable Supreme Court in Rajesh and others v. Rajbir Singh and others reported in (2013) 9 Supreme Court Cases 54. Therefore, the said determination of monthly income by the Tribunal cannot be found fault with.
10. With regard to application of multiplier is concerned, Mr.P.Prabhakaran, learned Counsel for the appellant-Transport Corporation would submit that the Tribunal erroneously followed the aged of the deceased, while applying the multiplier, whereas it should be the age of the parents. However, the said contention is liable to be rejected for the simple reason that the law has already been settled by the Honourable Supreme Court in Amit Bhanu Shali v. National Insurance Company Limited reported in 2012 ACJ 2002 and in Rajesh and others v. Rajbir Singh and others reported in (2013) 9 Supreme Court Cases 54, wherein the Honourable Supreme Court held that the age of the deceased alone has to be taken for calculating the multiplier. Therefore, the contention of the learned Counsel for the appellant-Transport Corporation fails.
11. The amounts awarded under the other heads are all reasonable. Therefore, the award of Rs.11,24,000/- (Rupees Eleven Lakhs and Twenty Four Thousand only) along with interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs, is confirmed. The apportionment made by the Tribunal and other conditions imposed thereon are also confirmed.
12. In the result,
(i) This Civil Miscellaneous Appeal fails and the same is dismissed, confirming the award dated 28.03.2015, passed in M.C.O.P.No.20 of 2014, by the Motor Accident Claims Tribunal - cum ? Special Court, Nagercoil;
(ii) The respondents 1 to 3/claimants are entitled to a sum of Rs.11,24,000/- (Rupees Eleven Lakhs and Twenty Four Thousand only) along with interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs;
(iii) The appellant-Transport Corporation is directed to transfer the entire award amount along with interest at rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs, less the amount already deposited, if any, to the Personal Savings Bank Account Numbers of the respondents 1 to 3/claimants, as per the apportionment made by the Tribunal, through RTGS/NEFT, after getting the Account Details of the respondents 1 to 3/claimants by the Officials of the appellant-Transport Corporation, within a period of eight weeks from the date of receipt of a copy of this judgment;
(iv) The respondents 1 to 3/claimants are also permitted to withdraw the amount already deposited before the Tribunal, if any; and
(v) 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
1.The Motor Accident Claims Tribunal - cum -
Special Court, Nagercoil.
2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai..