The Civil Miscellaneous Appeal has been filed by the appellants/claimants against the award passed by the Motor Accident Claims Tribunal (District and Sessions Judge/Communal Clashes Court), Madurai, dated 24.07.2012.
2. It is the case of fatal accident, which took place on 28.03.2003 at about 20.15 hours on Sivagangai ? Manamadurai Main road near Periyakottai Vilakku.
3. It is the case of the claimants before the Tribunal that on the date of accident, when the deceased Santhanakumar was riding his two wheeler near, Periyakottai Vilakku on Sivagangai ? Manamadurai main road, since the first respondent's driver parked the mini lorry bearing Registration No.TN-63 B-4125, in a dangerous manner without observing traffic rules, for loading firewood, he dashed behind the first respondent's mini lorry and as a result, the deceased sustained multiple injuries and died on 27.08.2003 at Hospital.
4.The claimants filed an application in M.C.O.P.No.1644 of 2008, on the file of the Motor Accidents Claims Tribunal (District and Sessions Judge/Communal Clashes Court), Madurai, seeking compensation.
5.Before the Tribunal, the claimants examined six witnesses as P.W.1 to P.W.6 and marked fourteen documents as Ex.P.1 to Ex.P.14 and Ex.X.1 and Ex.X.2. On the side of the respondents, one witness namely R.W.1 was examined and marked two documents namely Ex.R.1 and Ex.R.2.
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 the negligent act of the driver of the first respondent therefore directed the second respondent/Insurance Company to pay a sum of Rs.11,68,299/- to the claimants as compensation.
7. Against which, the appellants/claimants filed the present appeal seeking enhancement of compensation.
8.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.
9.This Court heard the submissions made on either side and perused the materials available on record.
10.The learned counsel for the appellants/claimants submitted that the Tribunal ought to have taken the age of the deceased for applying the multiplier method in stead of his parents' age and ought to have considered the gross salary instead of net salary for calculating loss of income. The Tribunal has not awarded future prospects and since the deceased was 24 years at the time of accident, the Tribunal ought to have added 50% of the income towards future prospects and therefore, the compensation awarded by the Tribunal is on the lower side and the same has to be enhanced.
11.As rightly pointed out by the learned counsel appearing for the appellants, the Tribunal has erred in fixing the income as Rs.5885/- as monthly income of the deceased, when the income of the deceased is Rs.7,031/- Further, while adopting the multiplier method, the tribunal had wrongly taken the age of the parents instead of the age of the deceased and adopted 13 as multiplier. This is apparent error on the face of the record. 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, for arriving at loss of income, the multiplier has to be adopted by taking into account the age of the deceased. As per the claim petition the deceased was 24 years at the time of accident, the correct multiplier would be ?17?. The Tribunal has not added any amount towards future prospects and if 50% is added towards future prospects, it would be Rs.10,546/-.(Rs.7,031+Rs.3,515). Since the deceased was a bachelor, 50% of the income has to be deducted towards personal expenses of the deceased. Hence, a sum of Rs.5,273/- has to be taken as monthly income of the deceased and accordingly, the loss of income has to be arrived at Rs.5273x12X17= Rs.10,75,692/-.The Tribunal has awarded Rs.40,000/- towards loss of love affection and considering the number claimants and their age, the same is enhanced to Rs.70,000/-. The compensation awarded under various other heads by the Tribunal are confirmed.
12. This Court modifies the award of the Tribunal by enhancing the compensation as under:-
S.
No Description By Tribunal (Rs) By this Court (Rs) Result 1 Loss of income 6,11,988 10,75,692 Enhanced 2 Love and affection 40,000 70,000 Enhanced 3 Medical expenses 4,61,311 4,61,311 Confirmed 4 Attendant charges 30,000 30,000 Confirmed 5 Transportation 15,000 15,000 Confirmed 6 Funeral expenses 10,000 10,000 Confirmed Total 11,68,299 16,62,003 By enhancing Rs.4,93,704
13. In the result,
(i) The Civil Miscellaneous Appeal is allowed, by enhancing the award of the Tribunal from Rs.11,68,299/- (Rupees Eleven Lakhs sixty eight thousand two hundred and ninety nine only) to a sum of Rs.16,62,003/- (Rupees Sixteen lakhs sixty two thousand and three 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 four 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 respective shares with accrued interests and costs as apportioned by the Tribunal, without filing any formal application before the Tribunal. No Costs.
To The Additional District Court/FTC No.II, Madurai. .