The Insurance Company has filed this appeal challenging the award of compensation for the death of one Rajappa, who died in a motor accident that occurred on 18.11.1998.
2. According to the claimants, the deceased was riding a bicycle and a TVS ? Suzuki motorcycle driven by P.W.4 in a rash and negligent manner, dashed against the deceased and the deceased succumbed to the injuries at the hospital on 26.11.1998. Originally, the F.I.R was filed as a 'Hit and Run' accident and thereafter, on a statement made by one Thirumalaiammal, the charge was altered and the vehicle number as well as the driver of the vehicle were incorporated in the F.I.R.
3. Though the Insurance Company resisted the claim on the ground that there was no such accident and on the ground that the vehicle insured with them, namely, TVS ? Suzuki motorcycle bearing Registration No.TNA-58-4081 was not involved in the accident.
4. It is also contended that the informant, namely, Thirumalaiammal, was not examined. However, it is seen from the records that the rider of the motorcycle, namely, Neelakandan was examined as P.W.4 and he had, in fact, caused the accident. He fled away from the scene due to fear. He also specifically deposed that the vehicle bearing Registration No.TNA-58-4081 belongs to the fifth respondent/first respondent, namely, G.Senthilkumar. The said evidence of P.W.4 is quite convincing and the same has not been shaken in cross-examination.
5. Therefore, I do not find any illegality or irregularity on the part of the Tribunal in accepting the evidence of P.W.4 and holding that the vehicle belonged to the fifth respondent/first respondent, was, in fact, involved in the accident.
6. On the quantum, the Tribunal has taken the income of the deceased as Rs.2,000/- (Rupees Two Thousand only) per month and derived the annual income at Rs.24,000/- (Rupees Twenty Four Thousand only) and after deducting 1/3rd amount towards his personal expenses, the Tribunal has taken the contribution at Rs.16,000/- (Rupees Sixteen Thousand only) per annum and adopting multiplier '17', arrived at the loss of dependency at Rs.2,72,000/- (Rupees Two Lakhs and Seventy Two Thousand only) and the Tribunal has awarded Rs.2,000/- (Rupees Two Thousand only) towards funeral expenses and a sum of Rs.5,000/- (Rupees Five Thousand only) towards loss of consortium and a sum of Rs.42,571/- (Rupees Forty Two Thousand Five Hundred and Seventy One only) towards medical expenses based on the bills produced.
7. I do not see that the award is on the higher side. Though the Tribunal has arrived at Rs.3,21,571/- (Rupees Three Lakhs Twenty One Thousand Five Hundred and Seventy One only), the Tribunal has awarded only Rs.3,00,000/- (Rupees Three Lakhs only) since the claimants themselves restricted to Rs.3,00,000/- (Rupees Three Lakhs only). I do not see any reason to interfere with the award of the Tribunal.
8. In the result, this Civil Miscellaneous Appeal is dismissed, confirming the award dated 19.09.2007 pased in M.A.C.O.P.No.2104 of 1999 by the Motor Accident Claims Tribunal ? I Additional District Court, Madurai. No costs.
To
1.The Motor Accident Claims Tribunal ?
I Additional District Court, Madurai.
2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai..