(Judgment of this court was made by K.KALYANASUNDARAM, J) The claimants in MCOP No.133 of 2009 before the Motor Accident Claims Tribunal (District Court), Kanyakumari at Nagercoil, having not satisfied with the award of Rs.10,61,672/- against the claim of Rs.50,00,000/- have preferred this appeal seeking enhancement.
2.The case of the claimants is that on 14.12.2008, when the deceased was travelling in a TATA Indica Motor Car TN-74-F 3279 from Kanyakumari to Nagercoil, another Car TN45-AE-9517 coming from the opposite direction, dashed against the TATA Indica Car. In the impact, the deceased died on the spot.
3.The claimants have further stated that the deceased was 27 years old and he was employed as an Economic Teacher in the Republic of Maldives and was earning Rs.40,000/- per month.
4.The tribunal, on consideration of the evidence, both oral and documentary, held that the drivers of both the Cars were equally responsible for the accident and awarded compensation of Rs.10,61,672/-. Against the award, the present appeal has been filed.
5.Heard Mr.P.Prabhakaran, learned counsel for the appellants, Mr.G.Prabhu Rajadurai, learned counsel for the 5th respondent and Mr.K.K.Ramakrishnan, learned counsel for the 6th respondent and perused the materials available on record.
6.A perusal of Ex.P5 salary certificate and Ex.P12 appointment order reveal that the deceased was working as a Teacher in a Government School in Maldives and was earning MRF 7,765. According to the claimants, it is equivalent to Rs.25,304.47/-. The tribunal, after deducting allowances, fixed the income as Rs.15,692/-. After deducting 50% towards his personal expenses, calculated the contribution to his family as Rs.7,846/- and by applying multiplier '11', awarded Rs.10,35,672/-. In addition, Rs.2,000/- towards transport to hospital and ambulance charges; Rs.1,000/- towards damage to clothing and articles; Rs.3,000/- towards funeral expenses; Rs.15,000/- towards loss of love and affection and Rs.5,000/- towards metal agony. In total, the tribunal has awarded Rs.10,61,672/- to the claimants.
7. It is not in dispute that the deceased died at the age of 27 years. As per the decision reported in 2017(13) SCALE 12 (National Insurance Company Limited vs. Pranay Sethi and others) by adding 40% towards future prospectus, the income of the deceased is arrived at Rs.21,968/- (Rs.15,692/- + Rs.6,276/-), which is rounded as Rs.22,000/-. Since the deceased was a bachelor, 50% is deducted towards his personal expenses and the contribution to the family would be Rs.11,000/- per month. The mother of the deceased was 47 year old and by applying multiplier '13', the loss of income is arrived at Rs.17,16,000/-. The compensation awarded by the tribunal is modified as hereunder:-
S.No.
Head Amount awarded by the tribunal [Rs.] Amount awarded by this court [Rs.] 01 Loss of Income 10,35,672/-
17,16,000/-
02. Loss of love and affection 15,000/-
30,000/-
03. Transportation to hospital and ambulances charges 2,000/-
2,000/-
04. Damages to clothing and Articles 1,000/-
2,000/-
05. Funeral expenses 3,000/-
15,000/-
06. Mental Agony 5,000/-
5,000/-
Total 10,61,672/-
17,70,000/-
8.In the result, the Civil Miscellaneous Appeal is partly allowed. Out of the modified award amount, the second appellant, the mother of the deceased is entitled for Rs.12,50,000/- and the third appellant Ramalakshmi is entitled for Rs.5,20,000/-. The interest awarded by the tribunal is maintained. The respondents Insurance Companies are directed to deposit the modified award amount, less already deposited, within a period of eight weeks from the date of receipt of a copy of the judgment. On such compliance, the claimants are permitted to withdraw their share. No costs.
To
1.The Motor Accident Claims Tribunal at Nagercoil, (District Judge, Kanyakumari) Nagercoil
2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai..