The claimants, who are sister and brothers of Srimathi, who died in motor accident on 03.09.2006 are the appellants. Though the Tribunal has found negligence on the part of the driver of the car, it had awarded Rs.1,70,000/- only towards loss of love and affection as well as loss of support. It has rejected the case on the ground of loss of dependency. Aggrieved, the claimants have preferred the above appeal.
2.The learned counsel for the appellant relied on the decision of a Division Bench of Court in Anandha Lakshmi v. TNSTC (Villupuram Division-I) Ltd., (D) reported in 2017 (1) TN MAC 383 (DB), wherein this Court held that the elder brother would be entitled to claim compensation. The Division Bench of this Court has referred to the entire case laws relating to the definition 'legal representatives' under the Motor Vehicles Act, 1988 and held that the brother of the deceased would be entitled to claim compensation. In the light of the above authoritative pronouncement of the Division Bench of this Court, I have no hesitation to hold that the Tribunal came to a wrong conclusion that the claimants, who are brothers and sister of the deceased are not entitled to claim compensation on the ground of loss of dependency. Hence, I hold that the claimants are entitled to compensation towards loss of earning and the quantum of compensation has to be determined.
3.It is claimed that the deceased is a qualified lawyer and enrolled in the year 1978. However, there was no proof of income produced. No income tax return was filed. However, taking into account the nature of the qualification and the decisions of the Hon'ble Supreme Court, which lay down that notional income can be fixed in respect of the persons who have qualified as well the date of accident, the income is fixed as Rs.4,000/- per month.
4.Since the deceased was living on her own, I deem it proper to deduct 50% of the income for her personal expenses. Therefore, loss of income would come to Rs.2,000/- per month. The deceased was aged about 50 years at the time of accident, the multiplier as suggested by the Hon'ble Supreme Court in Smt. Sarla Verma & ors. v. Delhi Transport Corporation & another (SC) reported in 2009 (2) TN MAC 1 (SC) is 13. Therefore, the loss of income is worked out as 2000 x 12 x 13 = Rs.3,12,000/-. The Tribunal has awarded Rs.50,000/- towards loss of love and affection for 4 claimants. It is very low. Therefore, the compensation under the head loss of love and affection is enhanced to Rs.68,000/-. The Tribunal has also awarded Rs.5,000/- towards funeral expenses and Rs.15,000/- towards transportation charges. I do not think that the said amounts need any revision.
5.Accordingly, the award of the Tribunal is modified as follows:
6. Accordingly, this Civil Miscellaneous Appeal partly allowed and the compensation awarded by the Tribunal is enhanced from Rs.1,70,000/- to Rs.4,00,000/-. The appellants are entitled to the award amount in the ratio as apportioned by the Tribunal. The second respondent/Insurance Company is directed to deposit the entire award amount with proportionate interest and costs, less the amount already deposited, within a period of twelve weeks from the date of receipt of a copy of this order. The appellants/claimants are permitted to withdraw the entire award amount with proportionate accrued interest and costs, less the amount already received through RTGS by making necessary applications before the Tribunal. No costs.
To
1.The Motor Accident Claims Tribunal ?
Southern Districts Communal Clashes Cases Trial Court, Madurai.
2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai..