This civil miscellaneous appeal has been preferred by the appellants / claimants aggrieved by the quantum of compensation at Rs.2,04,700/- (Rupees two lakhs four thousand and seven hundred only) for the death of one John Joshuva, aged about 24 years, an Insurance Agent and also a Worker in Ecco Coir Mill, allegedly earning about Rs.6,500/- (Rupees six thousand and five hundred only) in toto per month, in the accident occurred on 26.06.2007, when the deceased was travelling as a Worker in a Mahindra Van belonging to the first respondent and insured with the second respondent ? Insurance Company and when the Van was tried to negotiate a sharp curve with high-speed, it was jolted vigorously and due to which, the left front door was automatically opened and the deceased, who was sitting near the left side front door fell down on the road, resulting in his death. Therefore, the claim petition.
2. On contest, the Tribunal found that the accident occurred because of the rash and negligent driving of driver of the Van and awarded a sum of Rs.2,04,700/- (Rupees two lakhs four thousand and seven hundred only) as compensation. Being not satisfied with the quantum of compensation awarded by the Tribunal, the appellants / claimants are before this Court.
3. Heard Mr.T.Selvakumaran, learned counsel for the appellants / claimants and Mr.K.K.Ramakrishnan, learned counsel for the second respondent - Insurance Company.
4. A perusal of the records would show that the Tribunal, based on the evidence of P.W.2-eyewitness and filing of Ex.P1-F.I.R. against the driver of the Van belonging to the first respondent and insured with the second respondent ? Insurance Company, rightly found that the accident occurred because of the rash and negligent driving of the Van.
5. Even though the Tribunal believed the monthly earning of the deceased at Rs.3,500/- (Rupees three thousand and five hundred only) as proved by P.W.3, it refused to believe the alleged monthly earning of the deceased at Rs.3,000/- (Rupees three thousand only) as Insurance Agent. Therefore, the Tribunal determined the monthly income of the deceased at Rs.3,500/- (Rupees three thousand and five hundred only) and deducted a sum of Rs.1,200/- (Rupees one thousand and two hundred only) towards personal expenses and adopted multiplier ?13? as per the age of the mother of the deceased 49.
6. Mr.T.Selvakumaran, learned counsel for the appellants / claimants would submit that as per the Judgment of the Honourable Supreme Court in Amrit Bhanu Shali v. National Insurance Co. Ltd., reported in 2012 (2) TN MAC 321 (SC), the multiplier has to be adopted only based on the age of the deceased and not others. Therefore, the learned counsel seeks for enhancement of compensation awarded by the Tribunal.
7. Even though the Tribunal determined the monthly income of the deceased at Rs.3,500/- (Rupees three thousand and five hundred only), taking into consideration the fact that the accident occurred on 26.06.2007, this Court is inclined to follow the Judgment of the Honourable Supreme Court in Syed Sadiq v. Divisional Manager, United India Insurance Co. Ltd. reported in 2014 (1) TNMAC 459 (SC), wherein for a vegetable vendor, who got injured in an accident occurred on 14.02.2008, a sum of Rs.6,500/- (Rupees six thousand and five hundred only) per month was fixed. Whereas in the case on hand, the accident occurred in the year 2007. Therefore, this Court determines the monthly income of the deceased at Rs.6,000/- (Rupees six thousand only) instead of Rs.6,500/- (Rupees six thousand and five hundred only).
8. No amount towards future prospects has been added by the Tribunal and therefore, following the Judgment of the Honourable Supreme Court in Rajesh and others v. Rajbir Singh and others reported in (2013) 9 Supreme Court Cases 54, this Court adds 50% towards future prospects as the deceased was aged 24 years as per Ex.P5 ? certified copy of Postmortem Certificate. Accordingly, the monthly income of the deceased would be Rs.9,000/- (Rupees nine thousand only) [Rs.6,000/- + 50%].
9. In sofar as the deduction of amount towards personal expenses is concerned, the Tribunal committed an error in deducting 1/3rd amount as the deceased was a bachelor and therefore, this Court deducts 50% towards personal expenses and after deducting 50%, the monthly contribution of the deceased would be Rs.4,500/- (Rupees four thousand and five hundred only) [Rs.9,000/- - Rs.4,500/-].
10. As already stated, the age of the deceased was 24 years as per Ex.P5 ? certified copy of Postmortem Certificate and as per the Judgment of the Honourable Supreme Court, the multiplier to be adopted is ?18?. Therefore, this Court adopts multiplier ?18? by setting aside the adoption of multiplier ?13? by the Tribunal as per the age of the deceased. Accordingly, 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].
11. A sum of Rs.2,000/- (Rupees two thousand only) awarded towards funeral expenses is enhanced to a sum of Rs.10,000/- (Rupees ten thousand only).
12. A sum of Rs.3,000/- (Rupees two thousand only) awarded towards transportation expenses is enhanced to a sum of Rs.5,000/- (Rupees five thousand only).
13. A sum of Rs.2,500/- (Rupees two thousand and five hundred only) awarded towards loss of estate expenses is confirmed.
14. A sum of Rs.5,000/- (Rupees five thousand only) awarded towards loss of love and affection to each of the claimants is enhanced to a sum of Rs.10,000/- (Rupees ten thousand only) each.
15. The rate of interest awarded by the Tribunal at 9% per annum is on the higher side and therefore, the same is reduced to 7.5% per annum.
16. Accordingly, the appellants /claimants are entitled to a sum of Rs.10,09,500/- (Rupees ten lakhs ninety nine thousand and five hundred only) rounded off to Rs.10,10,000/- (Rupees ten lakhs and ten thousand only) along with interest at the rate of 7.5% per annum from the date of petition till date of realization and proportionate costs.
Rs.10,10,000/- (Rupees ten lakhs and ten thousand only) along with interest at the rate of 7.5% per annum from the date of petition till date of realization and proportionate costs;
(iii) The appellants are entitled to the shares as per the apportionment made by the Tribunal along with accrued interest and costs;
(iv) The appellants / claimants are directed to submit their Personal Savings Bank Account Numbers along with the copies of their passbooks to the Tribunal forthwith;
(v) The second respondent-Insurance Company is directed to deposit the entire award amount along with accrued interest and costs, less the amount deposited, if any, to the credit of M.C.O.P.No.1097 of 2007, by the Motor Accident Claims Tribunal - cum ? Principal District Court, Tirunelveli, within a period of four weeks from the date of receipt of a copy of this judgment;
(vi) On such deposit, the Tribunal is directed to transfer the respective share amount of the appellants / claimants directly to their Personal Savings Bank Account Numbers, through RTGS / NEFT system, after getting their Account Details, within a period of two weeks thereafter;
(vii) The appellants / claimants are directed to pay the additional Court Fees, if any, within a period of two weeks from the date of receipt of a copy of this judgment; and
(viii) In the facts and circumstances of the case, there shall be no order as to costs. Consequently, the connected civil miscellaneous petition is closed.
To:
The Principal District Judge, Motor Accident Claims Tribunal, Tirunelveli..