The appeal has been preferred by the appellant Insurance Company against the award dated 5.11.2001. The award is for a sum of Rs.6,19,000./- as against the claim of Rs.10,00,000/- by the respondent-claimant.
2. The case of the respondent/claimant was that one M.Sivasamy died in an accident which occurred on 25/26.10.2000 when he was riding his moped, which was hit by jeep owned by 1st appellant herein in a rash and negligent manner. Hence, the claim petition was filed by the claimant claiming the sum of Rs.10,00,000/- contending that the deceased was working as Supervisor in a private Garment Company and earning about Rs.5,000/- p.m. and was aged about 32 years. The said claim petition was resisted by the appellants. Based on pleadings and evidence available on record, the Tribunal came to the conclusion that the accident occurred because of the rash and negligent driving of the jeep belong to the 1st appellant. As far as the quantum is concerned the monthly income of the deceased was fixed at Rs.4500/- and a sum of Rs.3,12,000/- was calculated as loss of income; Rs.2,000/- towards funeral expenses and Rs.5,000/- towards loss of love and affection. All amounted to Rs.6,19,000/-.
3. Against the said award only the present appeal was preferred by the owner of the vehicle and Insurance Company.
4. Mr.N.Vijayaragahavan, the Learned Counsel for the Appellant has confined his argument only to the quantum. Hence, this Court deals with the quantum aspect alone.
5. The Learned Counsel for the appellants submitted that there was no material document to support the claim of the claimant that the deceased was earning about Rs.5,000/-p.m. and since the garment company is a private company, much weightage should not be given to the salary certificate Exhibit P-7 and P-8. He also contended that the author of the salary certificate was not examined and in that event, no credence could be given to exhibit A-7 & A-8.
6. A perusal of Exhibit A-7 will show that The S.S.M. International, in which the deceased Mr.Sivasami was working, authorized its Manager Mr. D.Sivakumar to depose on behalf of the company. Exhibit A-8 is the salary certificate evidencing the monthly salary of the deceased Mr.Sivasami as Rs.5000/- . When Mr.D. Sivakumar the General Manager was authorized by the proprietor of the company through Exhibit A-8, it cannot be said that the salary certificate Exhibit A-8 was not marked through the competent person. Inview of Exhibit A-7 Authorization letter, the General Manager had competency to speak about the salary of the deceased Mr.Sivasami. There was nothing wrong by the Tribunal in relying upon the evidence of P.W.2 and Exhibit A-8- salary certificate to arrive at a monthly salary of the deceased Sivasami.
7. Apart from this, the Tribunal did not take Rs.5,000/- as a monthly income and in fact it reduced the monthly salary to Rs.4,500/- and deducted 1/3 towards his personal expenses and arrived the monthly contribution at Rs.3,000/- only. Infact, the Honourable Supreme Court in New India Assurance Company Limited Vs. Kalpana (Smt) and others reported in (2007) 3 Supreme Court Cases 538 held that in the absence of any definite material about monthly income, contribution to the family after deduction for personal expenses, could be fixed at Rs.3,000/- Taking into consideration of the said judgment of the Honourable Supreme Court, this Court cannot find fault with the monthly income at Rs.4,500/- fixed by the Tribunal. Hence, the finding in this regard given by the Tribunal is confirmed.
8. As far as the multiplier is concerned, following the II schedule of the Motor Vehicles Act, based on the age of the deceased multiplier 17 was correctly applied and a sum of Rs.6,12,000/- was arrived.i.e., 3000 x12 x 2/3 x 17 = 6,12,000 Loss of love and affection = 5,000 Funeral Expenses = 2,000
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6,19,000
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(Rupees Six Lakhs Nineteen Thousands Only)
9. The award of the Tribunal Rs.6,19,000/- was rightly arrived at by the Tribunal and it does not warrrant any interference from this court.As far as interest is concerned, the Tribunal rightly awarded 9% p.a.
10. In fine, the award of the Tribunal is confirmed and the appeal is dismissed and the connected miscellaneous petition is closed and there will be no order as to cost.
11. The Learned Counsel for Appellants submitted that entire award amount was already deposited before the Tribunal. As per the order of the Court the claimant already withdrawn 50% of the deposited amount . Hence, the Tribunal is directed to pay the balance amount, which is available with the Tribunal, to the claimant within one week from the date of receipt of the copy of this order.
GV To The Subordinate Court, Tiruppur