This Civil Miscellaneous Appeal has been filed by the appellants/claimants against the award dated 24.09.2013 passed in M.C.O.P.No.37 of 2013 on the file of the Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Nagercoil seeking enhancement of compensation.
2. The brief facts of the case are as follows: It is a case of fatal accident which took place on 06.02.2009 at about 09.00 p.m. When the deceased was driving his Auto bearing Registration No.74.K.0482 from Kannyakumari to Kottaram when proceeding North to South, a bus bearing Registration No. T.N.74 N.0626, belonged to the Tamil Nadu State Transport Corporation, came in a rash and negligent manner and hit against the auto and due to the said accident, the auto was thrown out and the deceased sustained multiple fatal injuries. Immediately after the accident, the deceased was taken to Dr. Jeyasekaran Medical Trust and Nursing Home, Nagercoil and despite the best treatment given to him, he died on 19.02.2009. At the time of accident, the deceased was aged about 44 years and he was earning a sum of Rs.500/- per day. Hence, the legal representatives of the deceased filed an application in M.C.O.P.No.37 of 2013 dated 24.09.2013, on the Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Nagercoil, seeking compensation of Rs.30,00,000/-.
3.Before the Tribunal, on the side of the claimants, five witnesses viz., P.W.1 to P.W.5 were examined and twelve documents viz., Exs.P.1 to P.12 were marked and on the side of the respondents, one witness viz., R.W.1 was examined and one document viz., Ex.R.1 was marked.
4.The Tribunal, after considering the pleadings, oral and documentary evidence and arguments of the counsel for the appellants and respondents and also appreciating the evidence on record, held that the accident occurred only, due to the rash and negligent driving of the driver of the bus belonging to the Tamil Nadu State Transport Corporation and directed the second respondent to pay a sum of Rs.8,55,000/- as compensation to the claimants.
5. Against which, the appellants/claimants filed the present appeal for enhancement of compensation.
6. The learned counsel appearing for the appellants/ claimants would submit that while adopting multiplier method, the Tribunal had taken the multiplier as ?13?, instead of ?14? and the amounts awarded under others heads are also very meagre and Hence, he prays for enhancement of compensation.
7. The learned Counsel for the second respondent Tamil Nadu State Transport Corporation would submit that based on the oral and documentary evidences, the Tribunal has correctly come to the conclusion and awarded just and reasonable compensation and hence, the award passed by the Tribunal deserves no interference and hence, this appeal has to be dismissed.
8. Heard the learned counsel appearing on both sides and perused the materials available on record.
9. The deceased was an auto driver and therefore, the notional income could be taken as Rs.6,000/- per month. A perusal of the award passed by the Tribunal, it is seen that while adopting the multiplier method, the tribunal had wrongly taken into consideration the age of the deceased's daughter for arriving the age of the deceased without relying the cumulative records of the deceased. This is apparent error on the face of the record. As per the cumulative records, the age of he deceased is 45 years. 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) and if the above judgment is applied by taking into account the age of the deceased as ?45? instead of ?46?, the correct multiplier would be ?14?. Considering the age of the deceased, 30% of the income should be added towards future prospects and after deducting 1/4th of the income towards personal expenses of the deceased, the loss of income would be arrived at as follows: (Rs.6000/-+Rs.1,800/-)x3/4x12x14 = Rs.9,82,800/- Insofar as the amount awarded towards loss of consortium is concerned, this Court is of the view that considering the age of the wife of the deceased and considering her sufferings due to the loss of her husband, it is very meagre. Hence, this Court is inclined to enhance the same to a sum of Rs.1,00,000/-. The amount granted by the Tribunal under others heads are hereby confirmed.
11. In view of the above, this Court modifies the award of the Tribunal by enhancing the compensation as under: S.No Description Amount awarded by the Tribunal Rs.
Amount awarded by this Court Rs.
Award confirmed or enhanced or granted 1 For loss of income 5,85,000 9,82,800 enhanced 2 For funeral expenses 25,000 25,000 confirmed
3. For loss of consortium 50,000 1,00,000 enhanced
4. For loss of love and affection for 2 and 3 claimants 1,00,000 1,00,000 confirmed 5 For loss of love and affection for 5th claimant 25,000 25,000 confirmed
6. For medical expenses 70,000 70,000 confirmed Total Rs.8,55,000 Rs.13,02,800/-
Enhanced to a sum of Rs.4,47,800
12. In the result, this Civil Miscellaneous Appeal is partly allowed by enhancing the compensation from Rs.8,55,000/- to Rs.13,02,800/-, dated 24.09.2013, passed in M.C.O.P.No.37 of 2013, by the Motor Accident Claims Tribunal-cum-Chief Judicial Magistrate, Nagercoil. The second respondent Tamil Nadu State Transport Corporation is directed to deposit the entire award amount with accrued interests and costs, within a period of eight weeks from the date of receipt of a copy of this order, if not already deposited and on such deposit being made, the major claimants are permitted to withdraw their entire share amount along with proportionate interests and costs as apportioned by the Tribunal, without filing any formal petition before the Tribunal. Insofar as the share amount of minor is concerned, the same shall be deposited in any one of the Nationalised Bank in renewable scheme till the minor attains majority and the interest amount shall be withdrawn by the guardian of the minor directly from the Bank once in three months for the welfare of the minor. No Costs.
To
1.The Motor Accident Claims Tribunal-cum- Chief Judicial Magistrate, Nagercoil.
2.The Record Keeper, VR Section, Madurai Bench of Madras High Court, Madurai..