C.M.A.(MD) No.361 of 2015 The claimants in M.C.O.P.(MD) No.153 of 2007 have filed this appeal seeking enhancement. The son of the claimants 1 and 2 viz., Karthick died in an accident on 16.11.2005. He had completed his engineering degree and was searching for a job. Since the accident took place in the year 2005, notional income including future prospects can be taken as Rs.6,000/- per month. He was a bachelor. Therefore 50% deduction will have to be made. Applying the multiplier 18 and adding damages under the conventional heads, the compensation payable to the claimants can be quantified at Rs.7,20,000/-. The Tribunal has awarded a sum of Rs.2,49,600/-, which is clearly inadequate. Therefore the compensation is accordingly enhanced to Rs.7,20,000/-. The award dated 03.08.2010 made in M.C.O.P.No.153 of 2007 on the file of Motor Accident Claims Tribunal (Principal District Judge) Pudukkottai is modified accordingly.
2.In both the civil miscellaneous appeals, as far as the negligence is concerned, the Tribunal has rightly held that both the drivers of the vehicle have equally negligence. Therefore, the apportionment of liability to pay the compensation is fixed in the ratio of 50:50.
3.Therefore, the second and fourth respondents are directed to pay a sum of Rs.3,60,000/- each as compensation to the claimants with proportionate interest at the rate of 7.5% per annum and costs, from the date of petition, till the date of realization, within a period of twelve weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit being made, the claimants are permitted to withdraw the entire amount as apportioned by the Tribunal, less the amount already withdrawn by them, if any, by filing proper application before the Tribunal. The appellants are directed to pay the excess Court fee within a period of two weeks from the date of receipt of a copy of this order. C.M.A.(MD) No.151 of 2013
4.The claimants in M.C.O.P.(MD) No.488 of 2007 have filed this appeal seeking enhancement. The deceased Manoharan was working in Border Security Force. Even though his salary slip was marked showing that he is earning Rs.8692/- per month, the Tribunal chose to fix the monthly income at Rs.3,000/-. This is clearly incorrect. Of course, as a person working in Border Security Force, he would not have served upto the age of 58 years. Nevertheless the fixing of his monthly income at Rs.3,000/- is clearly erroneous. Therefore, this Court fixes his monthly income at Rs.10,000/-. Since he was a bachelor, a sum of Rs.5,000/- would be available for the family. Therefore, the pecuniary loss is quantified at Rs.10,20,000/-. The damages under other conventional heads will have to be awarded. Therefore the compensation is accordingly enhanced to Rs.10,90,000/-. The award dated 03.08.2010 made in M.C.O.P.No.488 of 2007 on the file of Motor Accident Claims Tribunal (Principal District Judge) Pudukkottai is modified. In other respects, the Award is confirmed.
5.Therefore, the second and fourth respondents are directed to pay a sum of Rs.5,45,000/- each as compensation to the claimants with proportionate interest at the rate of 7.5% per annum, from the date of petition, till the date of realization and costs, within a period of twelve weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit being made, the claimants are permitted to withdraw the entire amount as apportioned by the Tribunal, less the amount already withdrawn by them, if any, by filing proper application before the Tribunal.
5.Both the Civil Miscellaneous Appeals are allowed accordingly. No costs.
To
1.The Motor Accident Claims Tribunal (Principal District Judge), Pudukkottai.
2.The Record Keeper, Madurai Bench of Madras High Court, Madurai.
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