This Civil Miscellaneous Appeal has been filed by the appellants against the award, dated 19.04.2011 made in M.C.O.P.No.494 of 2008 by the Motor Accident Claims Tribunal/Additional District and Sessions Court, Dindigul (Fast Track Court), Dindigul.
2.The case of the petitioners/claimants before the Tribunal is as follows:-
On 07.05.2008 at about 5.00 p.m., the deceased sudha was travelling as a pillion rider in a two wheeler bearing registration No.TN 33 AJ 2014 at Perundurai to Vellodu road near Perundurai R.S.Kuttai, at that time, a lorry bearing registration No.TN 30 X 9369, which belongs to the first respondent and insured with the second respondent came in a rash and negligent manner and dashed behind the two wheeler. Due to the impact, the deceased was thrown out and sustained multiple fracture and thereafter, died on the spot. Hence, the legal heirs of the deceased filed an application in M.C.O.P.No.494 of 2008, on the file of the Motor Accident Claims Tribunal/Additional District and Sessions Court, Dindigul (Fast Track Court), Dindigul.
3.Before the Tribunal, on the side of the petitioners, P.Ws.1 to 4 were examined and Exs.P1 to P5 were marked. On the side of the respondents no oral or documentary evidence was marked.
4.The Tribunal, after considering the pleadings, oral and documentary evidence and the arguments advanced on either side 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 lorry, which is insured with the Insurance Company and directed the respondents to pay a sum of Rs.3,61,000/- (Rupees three lakhs and sixty one thousand only) as compensation.
5.Against which, the appellants/claimants filed this present appeal seeking enhancement of compensation.
6.The learned counsel for the appellants/claimants submitted that without considering the age and avocation and dependency of the claimants over the deceased, the Tribunal awarded only a meagre sum in all heads and therefore, the compensation awarded by the Tribunal is to be enhanced.
7.The learned counsel for the second respondent/Insurance Company submitted that based on the evidence, the Tribunal awarded a just and reasonable compensation and therefore, the same does not warrants interference.
8.Heard the submissions made on either side and perused the materials available on record.
9.With regard to quantum of compensation, at the time of accident, the deceased was stated to be working as a Teacher and was earning a sum of Rs.5,000/- per month. To show that the deceased was earning about Rs.5,000/- per month, no document was filed. Therefore, the Tribunal took only Rs.3,000/- as monthly income, which is very low, in my considered view. Therefore, this Court fixes, a sum of Rs.4,500/- as notional monthly income of the deceased. Further, no future prospects has been awarded as per the ratio laid down in Rajesh and others .vs. Rajbir Singh and others reported in 2013 (3) CTC 883. Since the age of the deceased was found to be 24 years, the appropriate multiplier to be applied as per the Smt.Sarla Verma .vs. Delhi Transport Corporation reported in 2009 (2) TN MAC 1 (SC) case, is '18'. Therefore, 50% has to be added towards future prospects as the age of the deceased was found to be 24. If 50% is added towards future prospects, the monthly income would be Rs.4,500/- + 50% = Rs.6,750/-.
10.Since the deceased was a bachelor, as per the Judgment in Smt.Sarla Verma .vs. Delhi Transport Corporation reported in 2009 (2) TN MAC 1 (SC), 50% has to be deducted. The loss of monthly income after deduction would be Rs.4,500/- + 50% - 50% = Rs.3,375/- and therefore, the loss of income would be Rs.4,500/- + 50% - + x 12 x 18 = Rs.7,29,000/- and a sum of Rs.20,000/- awarded by the Tribunal towards loss of love and affection is hereby enhanced to Rs.50,000/-. The Tribunal has awarded a sum of Rs.5,000/- for funeral expenses, which is correct and hence, the same is confirmed.
11.In view of the settled position of law, this Court modifies the award of the Tribunal by enhancing the compensation, as under:- S.No Description Amount awarded by Tribunal (Rs) Amount awarded by this Court (Rs) Award confirmed or enhanced or granted
1. For loss of income 3,36,000 7,29,000 enhanced
2. For loss of love and affection 20,000 50,000 enhanced
3. For funeral expenses 5,000 5,000 confirmed Total Rs.3,61,000 Rs.7,84,000 By enhancing a sum of Rs.4,23,000/-
12.In the result,
(i) This Civil Miscellaneous Appeal is allowed, enhancing the award of the Tribunal from Rs.3,61,000/- (Rupees Three Lakhs Sixty One Thousand Only) to a sum of Rs.7,84,000/- (Rupees Seven Lakhs Eight Four Thousand Only) along with interest at the rate of 7.5% per annum from the date of petition till date of realization and proportionate costs;
(ii) The second respondent/Insurance Company is directed to deposit the entire award amount of Rs.7,84,000/- (Rupees Seven Lakhs Eight Four Thousand Only) with accrued interests and costs, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this judgment. On such deposit being made, the appellants/claimants are permitted to withdraw their share as apportioned by the Tribunal, with accrued interests and costs, without filing any formal application before the Tribunal. No Costs.
(iii)The appellants/claimants are directed to pay the additional Court fee, if any, within a period of two weeks from the date of receipt of a copy of this order.
To,
1. Motor Accident Claims Tribunal/ Additional District and Sessions Judge, (Fast Track Court), Dindigul.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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