The claimant has filed this Civil Miscellaneous Appeal, seeking enhancement of the compensation.
2.The deceased was one Mr.Prabhu, he was aged 23 years at the time of accident. He was working as a House Keeping Managed and he was also doing part time job as cashier in Sankar Agency at Vannarpet. The accident took place on 07.09.2013. The offending vehicle belonged to respondent /Transport Corporation. The monthly income of the deceased can be notionally fixed at Rs.6,500/-. Considering the age of the deceased, 40% future prospects will have to be added. Since there are three dependants, one third deduction has to be made. Therefore, the monthly income for the family will be Rs.6,060/-. The pecuniary loss will be Rs.12,37,000/-. This can be rounded off to Rs.12,40,000. The funeral expenses, the loss of estimate and loss of love and affection a further sum of Rs.1,04,000/- can be awarded. Therefore, the compensation payable to the claimants will be Rs.13,44,000/-. The value of the appeal is limited to Rs.3,00,000/-.
3.Therefore the compensation awarded by the Tribunal is enhanced from Rs.10,44,000/-to Rs.13,44,000/-. The award dated 08.10.2014 made in M.C.O.P.No.1195 of 2013 on the file of the Motor Accident Claims Tribunal, (3rd Additional District Court) Tirunelveli is modified, accordingly.
4.The respondent / Transport Corporation is directed to deposit the entire compensation amount with interest at the rate of 7.5% per annum with costs, from the date of petition till the date of realization, within a period of eight weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit, the first claimant and the third claimant are entitled to withdraw their share as apportioned by the Tribunal, less the amount already withdrawn by them, if any, by filing proper application before the Tribunal. The share of the minor claimant, the second respondent herein, shall be deposited in any one of the Nationalised Bank. The natural guardian, the first appellant is permitted to withdraw the interest once in three months directly from the Bank, till the minor attains majority.
5.This Civil Miscellaneous Appeal is allowed as indicated above. No costs.
To
1.The 3rd Additional District Judge, Motor Accident Claims Tribunal, Tirunelveli.
2.The Record Keeper, Madurai Bench of Madras High Court, Madurai.
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