The appellants are the wife, children and mother of the deceased and the respondent is the Transport Corporation. The Tribunal has awarded a total compensation of Rs.3,39,750/- for the death of Madhesh @ Madheswaran, who died in a motor accident on 09.07.2008. Challenging the quantum of compensation, the appellants have preferred the appeal.
2. The learned counsel for the appellants would contend that the bus driven by the driver of the respondent rode the vehicle in a rash and negligent manner causing death of both the persons travelled on two wheeler in which the Madhesh @ Madheswaran was a pillion rider.
3. Perusal of the records would show that a criminal case has been registered in connection with this accident. Ex.P1 is the Certified copy of the First Information Report. Ex.P2 is the xerox attested copy of post-mortem certificate. The driver of the offending vehicle/bus has been shown as an accused. The oral evidence adduced on the side of the appellants coupled with the FIR and Charge sheet would establish that the driver of the bus who is the respondent/Transport Corporation was responsible for the accident. Therefore, the contention of the respondent that there was no negligence on the part of the driver of the respondent/Transport Corporation cannot be countenanced.
4. The accident occurred on 09.07.2008. The deceased was 39 years old at the time of accident. The deceased is said to be a coconut seller and was earning a sum of Rs.5,000/- per month. The appellants/claimants are the wife, children and mother respectively of the deceased. The Tribunal fixed the monthly income of the deceased at Rs.4,500/- per month.
5. The learned counsel appearing for the appellants would contend that the monthly income fixed by the Tribunal is on the lower side and has awarded only a sum of Rs.3,39,750/- with interest at 7.5% per annum from the date of filing till the date of deposit with proportionate costs.
The driver of the offending vehicle has been examined as RW1 before the Tribunal. The Tribunal, on appreciation of evidence has come to the conclusion that this is a case of composite negligence. As far as Madhesh is concerned, according to the Tribunal, the driver of the two wheeler and the driver of the bus were responsible for the accident. The Tribunal apportioned liability at 50%:50%. The tribunal fixed the total compensation @ Rs.6,79,500/- as per the apportionment, the respondent was ordered to pay half of the compensation amount.
Challenging the quantum fixed by the Tribunal and also apportionment of liability, appellants have come on appeal assuming that because of composite negligence, the responsibility is joint and several. The entire compensation amount is liable to be credited by the respondent.
Coming to the question of compensation, the learned counsel for the appellants would submit that the Tribunal erred in not considering the future propectus of the claimants. The tribunal fixed the monthly income of the deceased @ Rs.4,500/-. He was only 39 years old at the time of accident and he is said to be the coconut merchant and hence 50% of the monthly income has to be added to his annual income. There are five dependants for the deceased. Therefore one – fourth has to be deducted. As the deceased was 39 years old, the multiplier 15 has to be applied for the calculation of compensation.
The tribunal has awarded a total sum of Rs.30000/- under the head of loss of love and affection for the minor children. Admittedly, they are minors and aged about 14,13,12 respectively and they have lost their care taker. Therefore, taking into consideration, the date of accident and the age of the minor children, this court is inclined to increase the amount of Rs.30,000/- to 90,000/- (Rs.30000/-x3=90,000/- each). Under the loss of consortium, the tribunal has awarded a meager sum of Rs.10,000/- and his wife was only 28 years old at the time of filing the petition. Hence, having regard to the age of the claimant/wife, this court is inclined to enhance the amount to Rs.1,00,000/-
. The trial court has awarded a sum of Rs.5000/- towards funeral expenses and it appears to be a reasonable amount and the same is confirmed. The transport charges at the time of occurrence of accident nearby Kuppanur Athu Palam on Harur to Salem Main Road. It is said that the body was sent for post mortem and thereafter taken to the place of burial ground. Therefore, I am inclined to award Rs.7000/- as compensation amount for future prospects and while fixing the loss of dependency, the future prospectus shall be taken into account. Therefore, this appeal is allowed in part. The enhanced amount carries interest @ 7.5% p.a., from the date of petition till the date of deposit. The enhanced amount shall be deposited in the Tribunal within a period of six weeks from the date of receipt of copy of this order. Apportionment of compensation in the order of the tribunal remains unaltered.
6. Learned counsel for the respondent would contend that the respondent has not produced any other official record to show the income of the deceased. Therefore there must be an addition of 50% to the actual income of the deceased while computing future prospects. The parties have agreed to apply multiplier 15.
7. In Rajesh V. Rajbir Singh [(2013)9 SCC 54] the Hon'ble Supreme Court has awarded Rs.25,000/- for funeral expenses; Rs.1 lakh for loss of Consortium and Rs.1 lakh for loss of care and guidance for minor children. The Tribunal has awarded Rs.10,000/- under the head of Funeral Expenses and Rs.5,000/- under the head of Transportation. It would be reasonable to award a sum of Rs.25,000/- towards funeral and transport expenses.
8. The wife of the deceased is aged about 28 years at the time of the accident and she lost her husband. The Tribunal has awarded a meagre amount under the head of Consortium to the first appellant. As per the said decision, a sum of Rs.1 Lakh has to be awarded to her. The mother of the victim has lost their son at the age of 39 years. They are entitled to Rs.25,000/- each under the head of love and affection.
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9. The compensation amount awarded by the Tribunal :
Loss of Love and affection Rs.6,79,500 Loss of estate Rs.25,000 Transport Expenses Rs.5,000 Consortium to the 1st petitioner Rs.10,000 Total 20,45,928/-
is re-assessed as follows:
Loss of Earning Rs.13,26,000 Funeral & Transport Expenses Rs.25,000 Consortium to the 1st petitioner Rs.1,00,000 Love and Affection to the 2nd & 3rd petitioner (Each 25,000/-) Rs.50,000 Total Rs.15,01,000
10. This Court directs the respondent/Transport Corporation to deposit the compensation amount of Rs...................... with interest @ 7.5% p.a. From the date of petition till the date of realization, after deducting earlier deposits made if any, within a period of six weeks from the date of receipt of a copy of this order. After such deposit is being made, it is open to the claimants, to withdraw the compensation amount with interest, as fixed by this Court, after filing a Memo, along with a copy of this order.
11. In the result, the above appeal is partly allowed. Consequently, connected miscellaneous petition is closed. There is no order as to costs.
24.02.2017 gv Index : Yes / No Internet : Yes N.AUTHINATHAN.J., gv To
1. The Motor Accidents Claims Tribunal, I Additional District Judge, Salem.
2. The Section Officer, VR Section, High Court, Madras.
CMA.No.2424 of 2013 24.02.2017 http://www.judis.nic.in