is represented through his guardian and next friend 1st respondent) ... Appellants/petitioners in CMA(MD).No253 of 2015
1.Thangaraj
2.Ragupathi ... Appellants/petitioners in CMA(MD).No254 of 2015
1.Muruganantham
2.Chinna Rasu
3.Sumathi ... Appellants/petitioners in CMA(MD).No255 of 2015
1.Maheswaran
2.Minor. Papitha Kumari
3.Minor.Hariharan ... Appellants/petitioners in CMA(MD).No256 of 2015 Vs.
1.K.Arjun
2.M/s.Shriram Group of Companies (General CO) 15, Municipal Office Road, PLA Plaza, Cantonment, Trichy -1. ...Respondents/Respondents in all CMAs COMMON PRAYER: Civil Miscellaneous Appeal (MD) Nos. 253 to 256 of 2015, filed under
Section 173 of the Motor Vehicles Act,1988, to modify the award dated 27.03.2013 passed in MCOP. Nos. 32 to 35 of 2013 respectively, by the Motor Accident Claims Tribunal (District Special Judge), Trichirappalli and enhance the compensation awarded to the petitioners.
For Appellants : Mr.A.Arumugam for M/s.Ajmal Associates ^For R-1 : Mr.C.Jeganathan For R-2 : Mr.A.S.Mathialagan in all CMAs :COMMON JUDGMENT The Civil Miscellaneous Appeals have been filed by the appellants/claimants against the award dated 27.03.2013 passed by the the Motor Accident Claims Tribunal (District Special Judge), Trichirappalli in M.C.O.P. Nos. 32 to 35 of 2013 respectively.
2.Since the issues involved in all the Appeals are one and the same, they are disposed of by way of a common judgment.
3. It is the case of a fatal accident, which took place on 21.06.2009 on Melakaraikadu, Northern side Kaveri river bank,
4.It is the case of the claimants before the Tribunal that on the date of accident, when the deceased Jeyamani, Indhirani, Chellayi, Sudha and Kalamani, were travelling as load women with plantain in a lorry bearing Registration No.TN-48 B-0272 belongs to the first respondent, the driver of the lorry drove the vehicle in a rash and negligent manner and due to which, the lorry got capsized. As a result, the above five load women died on the spot.
5.The claimants filed applications in M.C.O.P.Nos.32 to 35 of 2013 respectively, on the file of the Motor Accident Claims Tribunal / District Special Judge, Trichirappalli, seeking compensation.
6.Before the Tribunal, the appellants/claimants examined six witnesses as P.W.1 to P.W.6 and marked twenty one documents as Ex.P.1 to Ex.P.21 and on the side of the respondent one witness as R.W.1 was examined and one document Ex.R.1 was marked.
7.The Tribunal, after considering the pleadings, oral and documentary evidence and the arguments advanced on either side and also on appreciating the evidence on record, held that the accident occurred only due to rash and negligent driving of the driver of the first respondent and directed the first and second respondents to pay sum of Rs.3,05,000/, Rs.2,25,000/-, Rs.2,01,000/- and Rs.5,03,800/- respectively to the claimants as compensation.
8.Against which, the appellants/claimants filed the present appeal seeking enhancement of compensation.
9. The learned counsel appearing for the appellants submitted that the deceased women were earning Rs.3,300/- per month, but the Tribunal has failed to consider the same and only fixed Rs.2,000/- and the compensation awarded by the Tribunal under other heads are on lower side and have to be enhanced.
10.The learned counsel appearing for the second respondent/ Insurance Company submitted that the Tribunal awarded a just and reasonable compensation in the above claim applications and the same does not warrant interference.
11.This Court heard the submissions made on either side and perused the materials available on record.
12.Though the Tribunal has taken the income of the deceased as Rs.2000/- per month, the learned counsel appearing for the appellants would state that they were earning Rs.3,300/- per month. Considering the same, the income of the deceased is taken as Rs.3,300/- and if 1/3rd is deducted towards personal expense, the same would be Rs.2,200/- and as far as CMA(MD)No.256 of 2015 is concerned, the Tribunal has fixed the income of the deceased as Rs.4,400/-, which, this is Court is of the view , is reasonable and if 1/3rd is deducted it would be Rs.3,300/-. Therefore the loss of income for the appellants/claimants would be Rs.4,75,200/- (Rs.2,200X12X18), Rs.3,96,000/- (Rs.2200X12X15), Rs.3,43,200/-(2200X12X13) and Rs.6,73,200/- (3300X12X13) respectively. In all the claim applications, the Tribunal has awarded Rs.10,000/- each to the claimants for loss of love and affection and the same is enhanced to Rs.25,000/- each in all the appeals. The Tribunal has awarded Rs.10,000/- towards funeral expense and Rs.5,000/-towards Transportation and the same is enhanced to Rs. 12,000/-, and 10,000/- respectively.
13. This Court modifies the award of the Tribunal by enhancing the compensation as under:-
CMA(MD).No.253 of 2016 (MCOP.No.32 of 2013) S.
No Description By Tribunal (Rs) By this Court (Rs) Result 1 Loss of income 2,70,000 4,75,200 enhanced 2 love and affection 20,000 50,000 enhanced 3 Transportation 5000 10,000 enhanced 4 Funeral Expenses 10,000 12,000 enhanced Total 3,05,000 5,47,200 By enhancing Rs.2,42,200/-
CMA(MD).No.254 of 2016 (MCOP.No.33 of 2013) S.No Description By Tribunal (Rs) By this Court (Rs) Result 1 Loss of income 1,80,000 3,96,000 Confirmed 2 love and affection 20,000 50,000 enhanced 3 Transportation 5,000 10,000 enhanced 4 Funeral Expenses 10,000 12,000 enhanced 5 Loss of consortium 10,000 10,000 Confirmed Total 2,25,000 4,78,000 By enhancing Rs.2,53,000/-
CMA.No.255 of 2016 (MCOP.No.34 of 2013) S.No Description By Tribunal (Rs) By this Court (Rs) Result 1 Loss of income 1,56,000 3,43,000 enhanced 2 love and affection 30,000 75,000 enhanced 3 Transportation 5000 10,000 enhanced 4 Funeral Expenses 10,000 12,000 enhanced Total 2,01,000 4,50,000 By enhancing Rs.2,49,000/-
CMA.No.256 of 2016 (MCOP.No.35 of 2013) S.No Description By Tribunal (Rs) By this Court (Rs) Result 1 Loss of income 4,48,800 6,73,200 Confirmed 2 love and affection 30,000 75,000 enhanced 3 Transportation 5,000 10,000 enhanced 4 Funeral Expenses 10,000 12,000 enhanced 5 Loss of consortium 10,000 10,000 Confirmed Total 5,03,800 7,80,200 By enhancing Rs.2,76,400
14. In the result,
(i) The Civil Miscellaneous Appeals are partly allowed, by enhancing the award of the Tribunal from Rs. 3,05,000-/,(Rupees Three lakhs and five thousand only), Rs.2,25,000/- (Rupees Two lakhs and twenty five thousand only), Rs.2,01,000/- (Rupees Two lakhs and one thousand only) and Rs.5,03,800/-( Rupees Five lakhs three thousand and eight hundred only) to Rs.5,47,000/-(Rupees Five lakhs and forty seven thousand only), Rs.4,78,000/- (Rupees Four lakhs and seventy eight thousand only) Rs.4,50,000/- (Rupees Four lakhs and fifty thousand only) and Rs.7,80,200/- (Rupees Seven lakhs eighty thousand and two hundred only) repectively 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 and second respondents are directed to deposit the entire award amount 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 the respective shares with accrued interests and costs as apportioned by the Tribunal, without filing any formal application before the Tribunal. The Tribunal shall deposit the minor's share in a Nationalized Bank until he attains majority & his father shall withdraw the interest amount once in 6 months. The appellants shall pay additional Court fee, if any, within 2 weeks from the date of receipt of a copy of this judgment. No costs.
To The Motor Accident Claims Tribunal / District Special Judge, Trichirappalli.
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