This Civil Miscellaneous Appeal has been filed by the appellant- Insurance Company against the award dated 11.11.2013 made in M.C.O.P.No.23 of 2013 by the Motor Accident Claims Tribunal ? Additional District Judge, Virudhunagar.
2. Short facts necessary for the disposal of this appeal, are as follows:
2.1. On 21.03.2012 at about 03.00 p.m., the deceased Sathishkumar, aged about 44 years, working as Cable Operator, earning a sum of Rs.11,000/- (Rupees Eleven Thousand only) per month, was travelling in a motorcycle bearing Regiistration No.TN-67-SC-6618, which was ridden by his friend, Senthilkumar, towards Kodaikanal, on Madurai - Batlagundu main road from west to east and at that time, the rider of the motorcycle tried to overtake a vehicle which was going in front of his motorcycle and in that process, the rider of the motorcycle applied sudden brake, due to which, the deceased was thrown away and sustained head injuries. He was immediately taken to Madurai Government Rajaji Hospital and on 22.03.2012, he died. A case in Cr.No.74 of 2012 under
Section 304(A) I.P.C., was also registered by Nilakkottai Police Station and the same is pending before the Judicial Magistrate Court, Nilakkottai, for trial. Therefore, the claim petition was filed claiming a sum of Rs.10,00,000/- (Rupees Ten Lakhs only).
2.2. The fifth respondent/owner of the offending vehicle remained exparte before the Tribunal. However, the appellant-Insurance Company filed the counter statement denying all the averments stated in the claim petition and prayed for the dismissal of the claim petition.
2.3. Before the Tribunal, on the side of the claimants, P.W.1 and P.W.2 were examined and Exs.P.1 to P.10 were marked. On behalf of the appellant- Insurance Company, neither oral nor documentary evidence was let in.
2.4. On contest, the Tribunal, considering the pleadings, oral and documentary evidence let in on either side, found that the accident occurred only due to the rash and negligent driving of the rider of the motorcycle/the fifth respondent herein and fastened the liability on the appellant-Insurance Company and awarded a sum of Rs.12,40,000/- (Rupees Twelve Lakhs and Forty Thousand only) along with interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs.
2.5. Aggrieved over the award of the Tribunal, the appellant-Insurance Company has filed the present appeal.
3. Heard the learned Counsel for the appellant-Insurance Company and the learned Counsel for the respondents 1 to 4/claimants perused the materials available on record.
4. The fifth respondent/owner of the offending vehicle remained exparte before the Tribunal and hence, notice to the fifth respondent is dispensed with, in view of the Full Bench judgment of Madhya Pradesh High Court in Mrs.Jamunabai v. Chhote Singh reported in I (2004) ACC 190 (FB).
5. The Tribunal, based on the evidence of P.W.2 - eyewitness and filing of Ex.P.1 - F.I.R against the rider of the motorcycle, rightly came to the conclusion that the accident occurred only due to the rash and negligent driving of the rider of the motorcycle and hence, the said finding of the Tribunal based on evidence, cannot be interfered with.
6. With regard to the compensation, the Tribunal, in the absence of any materials to prove the income of the deceased, determined the monthly income of the deceased at Rs.8,000/- (Rupees Three Thousand only). However, this Court is of the view that a sum of Rs.6,000/- (Rupees Six Thousand only) should be determined as the monthly income of the deceased in the absence of any material evidence to prove the income of the deceased. The size of the family is 4 and therefore, 1/4th amount has to be deducted and accordingly, the monthly contribution of the deceased would come to Rs.4,500/- (Rupees Four Thousand and Five Hundred only) [Rs.6,000/- - Rs.1,500/-]. The Tribunal applied the multiplier 15, however, taking into consideration the age of the deceased as 44 years, as per the judgment of the Honourable Supreme Court in Sarla Verma v. Delhi Transport Corporation reported in 2009 (2) TN MAC 1 (SC), the appropriate multiplier to be adopted is 14. Accordingly, the loss of income would be Rs.7,56,000/- (Rupees Seven Lakhs and Fifty Six Thousand only) [Rs.4,500/- X 12 X 14].
7. A sum of Rs.50,000/- (Rupees Fifty Thousand only) awarded towards loss of consortium to the first respondent/wife of the deceased is confirmed. However, a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) awarded to the first respondent/wife of the deceased is hereby set aside, as already she has been compensated towards loss of consortium.
8. A sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each awarded by the Tribunal to the respondents 2 to 4/claimants 2 to 4, totalling a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) towards loss of love and affection is reasonable and the same is confirmed.
9. Similarly, the amounts awarded by the Tribunal under the other heads, viz., a sum of Rs.5,000/- (Rupees Five Thousand only) towards transportation charges and a sum of Rs.5,000/- (Rupees Five Thousand only) towards funeral expenses, are very reasonable and they are confirmed.
10. The rate of interest awarded by the Tribunal at 7.5% per annum remains unaltered.
11. Accordingly, the respondents 1 to 4/claimants are entitled to a sum of Rs.8,91,000/- (Rupees Eight Lakhs and Ninety One Thousand only) along with interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs.
12. At this juncture, it is submitted by the learned Counsel for the appellant-Insurance Company that the appellant-Insurance Company has already deposited the entire award amount along with interest and costs. The said submission is placed on record.
13. In the result,
(i) This Civil Miscellaneous Appeal is partly allowed, reducing the award of the Tribunal from Rs.12,40,000/- (Rupees Twelve Lakhs and Forty Thousand only) to a sum of Rs.8,91,000/- (Rupees Eight Lakhs and Ninety One Thousand 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 first respondent/wife of the deceased is entitled to a sum of Rs.5,00,000/- (Rupees Five Lakhs only) along with accrued interest and costs;
(iii) The second respondent/minor son of the deceased is entitled to a sum of Rs.1,91,000/- (Rupees One Lakh and Ninety One Thousand only) along with accrued interest and costs;
(iv) The third respondent/mother of the deceased is entitled to a sum of Rs.1,00,000/- (Rupees One Lakh only) along with accrued interest and costs;
(v) The fourth respondent/father of the deceased is entitled to a sum of Rs.1,00,000/- (Rupees One Lakh only) along with accrued interest and costs;
(vi) The respondents 1 to 4/claimants are directed to submit their Savings Bank Account Details along with the copies of their passbooks to the Tribunal forthwith;
(vii) Since the appellant-Insurance Company has already deposited the entire award amount along with interest and costs, to the credit of M.C.O.P.No.23 of 2013 on the file of the on the file of the Motor Accident Claims Tribunal ? Additional District Court, Virudhunagar, the Tribunal is directed to transfer the respective share amounts of the respondents 1, 3 and 4/claimants 1, 3 and 4 directly to their Personal Savings Bank Account Numbers, less the amount already withdrawn by them, if any, through RTGS/NEFT system, after getting their Account Details, within a period of two weeks thereafter;
(viii) Insofar as the respective share of the minor second respondent/minor son of the deceased is concerned, the Tribunal is directed to deposit the same in Fixed Deposit in any one of the nationalised banks under the renewable scheme till he attains majority and the first respondent/mother of the minor claimant is permitted to withdraw the interest accrued thereon once in three months for the welfare of the minor claimant.
(ix) The appellant-Insurance Company is also permitted to withdraw the balance amount from the Tribunal.
(x) In the facts and circumstances of the case, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
To
1.The Motor Accident Claims Tribunal - cum ?
Additional District Court, Virudhunagar.
2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai..