(Judgment of the Court was delivered by K.KALYANASUNDARAM,J.) Challenging the quantum award passed by the Motor Accident Claims Tribunal cum Additional Subordinate Court, Tenkasi, in M.C.O.P.No.346 of 2003, dated 31.10.2007, awarding compensation of Rs.12,34,040/- for the death of the deceased-Sankarakrishnan, the Transport Corporation has filed this appeal.
2.The brief facts of the case are that on 11.06.2003 at about 21.40 hours, the deceased, who was working as a conductor belonging to the Tamil Nadu State Transport Corporation bus, was standing in front of Tenkasi Bus stand and at that time, the driver of the bus bearing Registration No.TN-33- N-0996 came in a rash and negligent manner and dashed against him. Immediately, he was taken to Tenkasi Government Hospital, where he was declared dead. The parents of the deceased filed a claim petition in M.C.O.P.No.346 of 2003 claiming compensation of Rs.10,00,000/-, whereas the wife and minor son of the deceased sought Rs.20,00,000/- as compensation.
3.The claim petition was opposed by the appellant/Transport Corporation contending that the driver of the bus was driving the vehicle carefully, but later he lost control, and dashed against the deceased. It is further stated that since the deceased was an employee of the Transport Corporation, they paid Rs.3,64,490/- under Workmen Compensation Act and prayed for dismissal of the claim petition.
4.To substantiate the case, the second claimant was examined as P.W.1 and one Shanmugavel was examined as P.W.2. The claimants have also marked Exs.P.1 to P.7 and on the side of the respondents, one Dharmar was examined as R.W.1 and the second respondent was examined as R.W.2 and they have also marked Ex.R.1-salary certificate.
5.The parties adduced, both oral and documentary evidence before the Tribunal and after considering the evidence, the Tribunal has come to the conclusion that the driver of the offending bus was responsible for the accident. The wife of the deceased, who has given evidence as RW1, stated that her husband was working as a conductor in the Transport Corporation and he died at the age of 40 years. The age and income of the deceased were determined, based on the salary certificate Ex.R1, as 41 years and salary as Rs.6,742/-. The Tribunal added Rs.2,400/- towards batta and fixed the income of the deceased at Rs.9,142/- per month and calculated the annual income as Rs.1,09,704/- (Rs.9,142 X 12) and after deducting 1/3rd therefrom towards his personal expenses and by applying multiplier of '15', awarded Rs.10,97,040/- (Rs.73,136/- X 15) towards loss of dependency.
6.Further, the Tribunal has awarded a sum of Rs.40,000/- to the claimants towards loss of income during treatment period and Rs.10,000/- to the wife towards loss of consortium and Rs.10,000/- towards loss of estate. Though, the Tribunal has not added any amount towards future prospects, awarded Rs.75,000/- towards future loss of income and Rs.2,000/- towards funeral expenses. The Tribunal has totally awarded a sum of Rs.12,34,040/- along with interest at 7.5% p.a.
7.The learned counsel appearing for the appellant urged that the award passed by the Tribunal is excessive and there is no proof for future loss of income, so, the Tribunal should not have awarded Rs.75,000/- on that head.
8.Learned counsel appearing for the respondents 3 and 4 made submissions justifying the findings of the Tribunal.
9.It is not in dispute that the deceased was an employee of the Transport Corporation and he was drawing Rs.6,742/- towards monthly income and he died at the age of 41 years. On perusal of the records, in this case, we are of the considered opinion that the award passed by the Tribunal is reasonable and hence, it is confirmed.
10.In fine, the appeal fails and the same is dismissed. It is represented that the appellant-Transport Corporation has already deposited the entire award amount with interest. Hence, the claimants are permitted to withdraw the entire amount, less already withdrawn, as per the ratio fixed by the Tribunal. No costs. Consequently, connected Miscellaneous Petitions are closed.
To
1.The Additional Motor Accident Claims Tribunal, Additional Subordinate Court, Tenkasi.
2.V.R Section, Madurai Bench of Madras High Court, Madurai.
.