The claimants are the appellants herein. They have filed the claim petition in M.C.O.P.No.2101 of 2007 on the file of the Motor Accidents Claims Tribunal (Chief Judicial Magistrate) Cuddalore, claiming compensation for the death of deceased Thinakaran. The 1st & 2nd appellants are the parents and the 3rd & 4th appellants are the brothers of the deceased Thinakaran.
2. The 1st respondent is the owner of the offending vehicle and the offending vehicle was insured with the 2nd respondent. The Tribunal has awarded Rs.2,79,000/- as against the claim of Rs.15,00,000/-. The appellants / claimants preferred this appeal for enhancement of compensation.
3. There is no appeal by the Insurance Company. It is not in dispute that Thinakaran died on 30.12.2006, when he was travelling in a mini lorry bearing Registration No.TN 31 J 1932. It is also not in dispute that the accident occurred due to rash and negligent driving of the driver of the offending vehicle. The deceased Thinakaran was aged 29 at the time of accident. The Tribunal has fixed the monthly income of the deceased at Rs.4,000/-.
4. The learned counsel for the appellant would submit that the deceased Thinakaran was working as a driver and he was earning Rs.10,000/- per month, but the Tribunal has fixed monthly income at Rs.4,000/- which may be enhanced to Rs.6,000/-. The accident took place in the year 2006. Therefore, I am of the view that the tribunal has correctly fixed the monthly income of the deceased at Rs.4,000/-. The deceased was a bachelor. The Tribunal omitted to take into account future prospects. The deceased was aged 29 at the time of accident and hence, 50% of his income should be added towards future prospects.
5. The Tribunal has awarded a meagre sum of Rs.5,000/- under the head love and affection. The parents of the victim lost their son at the age of 29 and hence, it should be enhanced to Rs.1,00,000/-. Rs.5,000/- granted towards funeral expenses is on the lower side and it should be enhanced to Rs.10,000/-.
The tribunal awarded only Rs.5,000/- towards ambulance expenses. The accident occurred near Pollachi. Post-mortem was conducted at Pollachi Government Hospital. The petitioners are residents of a village near Vadalur. Having regard to the above circumstances, I am inclined to enhance the transport expenses from Rs.5,000/- to Rs.10,000/-.
6. As per the dictum in SARLA VERMA vs. DELHI TRANSPORT CORPORATION [(2009) 6 SCC 121], the Tribunal has also applied multiplier 17. There are 2 dependants. Therefore, 1/2 has to be deducted towards personal expenses of the deceased. However, as per the dictum laid down in RAJESH vs. RAJBIR SINGH [2013 (2) TNMAC 55 (SC)] 50% must be added to the actual income of the deceased while computing future prospects. The compensation is re-assessed as follows:-
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7. In the result, the Civil Miscellaneous Appeal is allowed to the extent as indicated above. The second respondent-Insurance Company is directed to deposit the enhanced award amount of Rs.7,32,000/- [Rupees Seven Lakhs Thirty Two Thousand only] with interest @ 7.5% per annum and costs, less the statutory deposit, to the credit of M.C.O.P.No.2101 of 2007 on the file of the Motor Accidents Claims Tribunal (Chief Judicial Magistrate), Cuddalore, within a period of six weeks from the date of receipt of a copy of this order. The claimants are permitted to withdraw the enhanced compensation amount awarded by this Court with proportionate interest less the amount already withdrawn, if any, by making necessary application before the Tribunal. There shall be no orders as to costs.
02.03.2017 Index : Yes / No Internet : Yes To
1. Motor Accidents Claims Tribunal (Chief Judicial Magistrate) Cuddalore,
2. The Section Officer, VR Section, High Court, Madras.
CMA.No.3765 of 2013 http://www.judis.nic.in