IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.06.2017 CORAM
THE HONOURABLE DR. JUSTICE S.VIMALA
C.M.A. No.2226 of 2017 and C.M.P.No. 11813 of 2017 United India Insurance Co. Limited, No.2, Dr.Sankaran Road, Namakkal. .. Appellant -/Vs/-
1. K.Kothandapani
2. Senthamil Selvi
3. M.Parvathi .. Respondents Appeal filed under Section 173 of the Motor Vehicles Act, 1988 to set aside the Judgment and Decree dated 14.09.2006 made in M.A.C.T.O.P.No.1347 of 2002 on the file of the Motor Accidents Claims Tribunal, Additional District Judge (FTC-II), Chennai.
For Appellant : Mr.S. Arunkumar J U D G M E N T The deceased Dasa Prakash, aged 25 years, self employed and earning a sum of Rs.5,050/- (Rupees Five Thousand and fifty Only) per month, died in an accident on 17.05.2001. The parents of the deceased filed a claim petition claiming a sum of Rs.7,00,000/- as compensation.
2. The Tribunal, on consideration of oral and documentary evidence, awarded a sum of Rs.6,60,000/-, the break-up details of which is as under :-
Loss of Income : Rs.6,48,000/- Funeral Expenses : Rs. 2,000/- Loss of love and affection : Rs. 5,000/- Transport charge : Rs. 5,000/-
Total Rs.6,60,000/-
Challenging the quantum of compensation as excessive, the present appeal has been filed by the insurance company.
3. The main contention of the appellant/insurance company is that the tribunal has applied the multiplier of 18 based on the age of the deceased.
4. A perusal of the order passed by the Tribunal reveals that the claimants claimed the deceased to be earning a sum of Rs.5,050/- per month. However, in the absence of any documentary evidence, the Tribunal fixed the monthly income of the deceased at Rs.4,500/- and deducting 1/3rd towards the personal expenses, and adopting the multiplier of 18, quantified the compensation at Rs.6,48,000/= (Rs.3,000 X 12 X 18). The Tribunal further awarded a sum of Rs.2000/- towards funeral expenses; Rs.5000/- towards loss of love and affection and Rs.5000/- towards transport charges. In all, the Tribunal awarded total compensation of Rs.6,60,000/-.
5. On a consideration of the compensation under the non-pecuniary heads, viz., transport expenses, loss of love and affection and funeral expenses, it is to be pointed out that the amounts awarded on those heads are very meagre and, therefore, no interference is called for with the compensation awarded under those heads.
6. Insofar as the compensation awarded under the head loss of dependency is concerned, though it is the contention of the learned counsel for the appellant that the Tribunal has adopted the age of the deceased for fixing the multiplier, however, it is to be pointed out that the Tribunal has rightly adopted the age of the deceased for fixing the multiplier. The Tribunal has followed the ratio laid down by this Court and the Supreme Court for fixing the multiplier and has quantified the compensation accordingly. In the considered opinion of the Court the adoption of multiplier is correct. Further, it is to be pointed out that the future prospective increase in income has not been considered by the Tribunal. In such circumstances, this Court is of the considered view that the compensation awarded towards loss of dependency cannot be said to be excessive and the same is reasonable and, therefore, does not warrant any interference. Accordingly, the same is confirmed.
7. For the reasons stated above, this appeal is liable to be dismissed and, accordingly, the same is dismissed. Consequently, connected miscellaneous petition is closed.
9. The appellant/Insurance company is directed to deposit the entire award amount, along with interest and costs as quantified by the Tribunal, less the amount, if any, already deposited, to the credit of the claim petition, within a period of four weeks from the date of receipt of a copy of this Judgment. On such deposit being made, the Tribunal shall transfer the award amount directly to the bank account of the claimants through RTGS as per the ratio of apportionment ordered by the Tribunal within a period of two weeks thereafter.
21.06.2017 Index : Yes/No ksa/GLN To
1. The Additional District Judge, (Fast Track Court -II), Chennai.
2. The Section Officer, VR Section, High Court, Madras.
DR. S.VIMALA. J.
ksa/GLN C.M.A. No.2226 of 2017 21.06.2017