This Civil Miscellaneous Appeal has been filed by the appellant- Insurance Company against the award of Rs.14,26,500/- (Rupees Fourteen Lakhs Twenty Six Thousand and Five Hundred only) for the death of one M.Ravikumar, aged about 19 years, First Year ? B.Sc., (Maths) student, in the accident occurred on 02.05.2012, when he was riding his bicycle on Madurai ? Dindigul Main Road in the east-west direction, the bus owned by the fourth respondent herein insured with the appellant-Insurance Company driven in a rash and negligent manner came behind and hit the bicycle causing the accident.
2. Heard Mrs.K.R.Shiva Shankari, learned Counsel appearing on behalf of Mr.S.Srinivasa Raghavan, learned Counsel for the appellant-Insurance Company and Mr.M.Sarangan, learned Counsel for the respondents 1 to 3/claimants.
3. The only question to be decided is with regard to the quantum of compensation.
4. The deceased student died as a bachelor and therefore, 50% has to be deducted towards his personal expenses. However, the Tribunal taking a sum of Rs.6,000/- (Rupees Six Thousand only) as monthly income and adding Rs.3,000/- (Rupees Three Thousand only) being 50% towards future prospects, determined the monthly income of the deceased at Rs.9,000/- (Rupees Nine Thousand only) and after deducting 1/3rd amount towards his personal expenses and adopting the multiplier '18', determined the loss of income at Rs.12,96,000/- (Rupees Twelve Lakhs and Ninety Six Thousand only) [Rs.6,000/- X 12 X 18].
5. For the death of a bachelor, 50% has to be deducted which is the settled law by the Honourable Supreme Court, whereas the Tribunal deducted 1/3rd amount alone and therefore, the deduction towards personal expenses is enhanced from 1/3rd to 50%. If 50% is deducted from Rs.9,000/- (Rupees Nine Thousand only), the monthly income of the deceased would be Rs.4,500/- (Rupees Four Thousand and Five Hundred only) and by applying the multiplier '18', the loss of income would be Rs.9,72,000/- (Rupees Nine Lakhs and Seventy Two Thousand only) [Rs.4,500/- X 12 X 18].
6. The Tribunal rightly awarded a sum of Rs.1,00,000/- (Rupees One Lakh only) towards loss of love and affection to the respondents 1 to 3/claimants and the same is confirmed.
7. Similarly, the amounts awarded under the other heads, viz., a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards funeral expenses; a sum of Rs.5,000/- (Rupees Five Thousand only) towards transportation charges and a sum of Rs.500/- (Rupees Five Hundred only) towards damage to clothes and articles, are all reasonable and they are confirmed. Accordingly, the respondents 1 to 3/claimants are entitled to the total compensation of Rs.11,02,500/- (Rupees Eleven Lakhs Two Thousand and Five Hundred only).
8. The rate of interest awarded by the Tribunal at 7.5% per annum remains unaltered.
9. In the result,
(i) This Civil Miscellaneous Appeal is partly allowed, reducing the award of Rs.14,26,500/- (Rupees Fourteen Lakhs Twenty Six Thousand and Five Hundred only) to a sum of Rs.11,02,500/- (Rupees Eleven Lakhs Two Thousand and Five Hundred only);
(ii) The respondents 1 to 3/claimants are entitled to a sum of Rs.11,02,500/- (Rupees Eleven Lakhs Two Thousand and Five Hundred only) along with interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs as per the apportionment made by the Tribunal;
(iii) Since the appellant-Insurance Company already deposited 50% of the award amount, the respondents 1 to 3/claimants are permitted to withdraw their respective share from the amount deposited before the Tribunal;
(iv) The appellant-Insurance Company is directed to transfer the balance award amount along with accrued interest and proportionate costs to the respective Personal Savings Bank Account Numbers of the respondents 1 to 3/claimants, less the amount already deposited, if any, through RTGS/NEFT system, after getting the Account Details of the respondents 1 to 3/claimants by the Officials of the appellant-Insurance Company, within a period of four weeks from the date of receipt of a copy of this judgment; and
(v) In the facts and circumstances of the case, there shall be no order as to costs. Consequently, the connected civil miscellaneous petitions are closed.
To
1.The Motor Accident Claims Tribunal - cum -
VI Additional District Judge, Madurai.
2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai..