This Civil Miscellaneous Appeal has been preferred by the claimants against the quantum of compensation of Rs.3,64,000/- for the death of one Balanambirajan, aged about 23 years, working as Technician in Wind Mills, earning a sum of Rs.7,750/-, in the accident occurred on 22.07.2006.
2.Heard Mr.T.Selvakumaran, learned counsel for the appellants and Ms.K.R.Shivashankari, learned counsel for the 2nd respondent Insurance Company.
3.The claimants are before this Court and Insurance Company has not filed any appeal against the negligence aspect and therefore, the only question that has to be decided is only with regard to the quantum of compensation.
4.The Tribunal taking note of Ex.P.13 ? salary certificate determined the monthly income at Rs.5,250/-. Based on the age of the appellants mother, the multiplier '11' was taken and a sum of Rs.3,46,500/- towards loss of income including other amounts, Rs.3,64,000/- has been awarded.
5.Though at the time of death, as per Ex.P13-Salary Certificate, the deceased was earning about Rs.5,250/-, no income was added as future prospects and therefore, following the judgment in Rajesh and others .vs. Rajbir Singh and others reported in 2013(3) CTC 883, 50% is added towards future prospects along with salary, the income would be Rs.5,250/- + Rs.2625 = Rs.7,875/-.
6. The Tribunal's view is that 50% of the income has to be deducted towards personal expenses, as the deceased died as a Bachelor. After deduction of 50%, the loss of income would be Rs.3937.50/-. The Tribunal followed the multiplier as per the age of the appellant mother. The Hon'ble Supreme Court already settled the law as per M.Mansoor and another v. United India Insurance Company Ltd. and another 2013 (2) TNMAC 481 (SC), the age of the deceased alone has to be taken to determine the multiplier. As the age of the deceased was 23, the appropriate multiplier is 18, as per the judgment in Sarla Verma and others v. Delhi Transport Corporation, 2009(2) TNMAC 1 (SC). Therefore, the adoption of multiplier '11' by the Tribunal is set aside and multiplier '18' is applied. If multiplier '18' is applied, the loss of income would be Rs.8,50,500/-. Rs.5,000/- awarded towards the mental agony is unwarranted and the same is set aside. Towards loss of love and affection to the appellants, only a sum of Rs.10,000/- is awarded and the same is set aside. Losing the son, that too, at the age of 23 is very painful for the mother and any amount could be compensated to the loss of love and affection would meagre, who gave birth to the deceased. Therefore, Rs.10,000/- awarded is enhanced to Rs.50,000/-. Rs.2,050/- awarded towards funeral expenses and transport is to low and the same is enhanced to Rs.15,000/-. No amount is awarded towards loss of estate and therefore, a sum of Rs.15,000/- is awarded. Rate of interest 7.5% awarded by the Tribunal remains unaltered.
7.Accordingly, the Civil Miscellaneous Appeal is allowed and the compensation awarded by the Tribunal at Rs.3,64,000/-(Rupees three lakhs sixty four thousand only) is enhanced to Rs.9,30,500/-(Rupees nine lakhs thirty thousand and five hundred only) with interest at 7.5% p.a from the date of claim petition till the date of deposit. Out of the said award amount, the first appellant/father is entitled to a sum of Rs.4,65,250/- and the second appellant/mother is entitled to a sum of Rs.4,65,250/-.The second respondent/Insurance Company is directed to deposit the entire award amount along with interest and costs, less the amount deposited, if any, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the appellants are directed to submit their bank accounts to the Tribunal and the amounts as apportioned by this Court is directed to be transferred to the respective accounts through RTGS, along with proportionate accrued interest and costs, within a period of two weeks thereafter. No costs.
To The Motor Accident Claims Tribunal (I Additional District Court), Tirunelveli.