The Civil Miscellaneous Appeal has been filed by the appellants/claimants against the award of the Motor Accident Claims Tribunal (Principal District Judge), Karur, passed in M.C.O.P.No. 112 of 2014, dated 14.02.2013, seeking enhancement of the award
2. It is the case of a fatal accident which took place on 30.05.2011 at about 15.20. hours on Karur ? Trichy Main road, near Gandhigramam Bharathi Complex in front of Jesus Medicals.
3.The case of the claimants before the Tribunal is that on the date of accident, when the deceased M.Chitra was waiting for the bus, on the extreme left side of the road, the driver of the Car bearing Registration No.TN-47 U- 7980, drove the vehicle in a rash and negligent manner and dashed against the deceased, as a result, she sustained multiple injuries all over body and died on the spot.
4.The claimants filed application in M.C.O.P.No.464 of 2011 on the file of the Motor Accident Claims Tribunal/ Principal District Judge, Karur, seeking compensation.
5.Before the Tribunal, the appellants/claimants examined one witness as P.W.1 and marked six documents as Ex.P.1 to Ex.P.6. On the side of the respondents, they did not let in any oral or documentary evidence.
6.The Tribunal, after considering the pleadings, oral and documentary evidence and the arguments advanced on either side and also on appreciating the evidence on record, held that the accident occurred only due to rash and negligent driving of the first respondent/ driver of the Car, and therefore directed the second respondent to pay a sum of Rs.1,85,00/-to the claimants as compensation.
7. Against which, the appellants/claimants filed the present appeal seeking enhancement of compensation.
8.This Court heard the submissions made on either side and perused the materials available on record.
9.The learned counsel for the appellants/claimants would submit that the Tribunal ought to have fixed the notional income of the deceased at Rs.6,000/- per month, but, the, Tribunal has fixed Rs.1,250/- as income of the deceased. The Tribunal has wrongly fixed the multiplier as 13 instead 14 for arriving at loss of income, since the deceased was 45 years at the time of accident. The Tribunal ought to have awarded Rs.1,00,000/- towards loss of love and affection. It is further submitted that no compensation has been awarded towards future prospects. The amounts awarded by the Tribunal are on lower side. Therefore, the compensation awarded by the Tribunal has to be enhanced.
10.The learned counsel appearing for the second respondent/ Insurance Company submitted that the Tribunal awarded a just and reasonable compensation and the same does not warrant interference.
11.As rightly pointed out by the learned counsel appearing for the appellants, the Tribunal has erred in fixing the income of the deceased as Rs.1,250/-. Though, it is stated in the claim petition that the deceased was earning Rs.10,000/-, no document was produced to prove the same. Hence, Rs.4,000/- is fixed as notional income. In this connection, it is useful to refer the judgment of the Honourable Supreme Court in Sarla Verma Vs. Delhi Transport Corporation reported in 2009(2) TNMAC 1 (SC), wherein, it is held that for arriving at loss of income, 30% of the income to be added for future prospects in respect of age group between 40 to 50. Accordingly, if 30%, towards future prospects, is added, it would be Rs.5,200/-.(Rs.4000+Rs.1200). Since there are six claimants, 1/4th of the income has to be deducted, towards personal expense of the deceased. Hence, a sum of Rs.3,900/- has to be taken as monthly income of the deceased and accordingly, the loss of income has to be arrived at Rs.6,08,400/-(Rs.3900X12X13) and the compensation awarded by the Tribunal under other heads is hereby confirmed.
12. This Court modifies the award of the Tribunal by enhancing the compensation as under:-
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No Description By Tribunal (Rs) By this Court (Rs) Result 1 Loss of income 1,20,000 6,08,400 Enhanced 2 Conjugal happiness 25,000 25,000 Confirmed 3 Loss of love and affection 30,000 30,000 Confirmed 4 Transportation 5,000 5,000 Confirmed 5 Funeral expense 5,000 5,000 Confirmed Total 1,85,000 6,73,400 By enhancing Rs.4,88,400/-
13. In the result,
(i) The Civil Miscellaneous Appeal is allowed, by enhancing the award of the Tribunal from Rs.1,85,000/-(Rupees One lakh and eighty five thousand only) to a sum of Rs.6,73,400/- (Rupees Six lakh seventy three thousand and four hundred only) along with interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs;
(ii) The second respondent/Insurance Company is directed to deposit the entire award amount with accrued interests and costs, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this judgment. On such deposit being made, the appellants/claimants are permitted to withdraw the their shares as apportioned by the Tribunal, with accrued interests and costs, without filing any formal application before the Tribunal. The appellants/claimants are directed to pay necessary additional Court fees, if any. No Costs.
To The Motor Accident Claims Tribunal/ Principal District Court, Karur.
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