This appeal has been preferred by the appellant, Insurance Company for awarding Rs.4,67,000/- (Rupees Four Lakhs and Sixty Seven Thousand only).
2. In this case also, the deceased died on 25.10.2006 hit by the Ambassador Car belonging to the third respondent herein.
3. The claim of the respondents 1 and 2 is that the deceased was an agricultural coolie and house wife earning about Rs.5,000/- p.m. They also claimed her age as 30 years.
4. The appellant Insurance Company contested the matter. However, on an appreciation of the pleadings and evidence, the Tribunal awarded a sum of Rs.4,67,000/- (Rupees Four Lakhs and Sixty Seven Thousand only) which is challenged before this Court.
5. Mr.S.Muthalraj, learned Counsel for the appellant assailed the award passed by the Tribunal that the Tribunal excessively fixed Rs.3,000/- p.m as the monthly income of the deceased and adopted the multiplier of 18 taking into consideration the age of the deceased namely 30, whereas it should be 17 according to the age of the first claimant/the husband being 32. Even according to the age of the deceased viz., 30, the proper multiplier would be 17, whereas the Tribunal adopted the multiplier 18.
6. Heard the learned Counsel appearing for the parties.
7. It is seen from the award that it was based upon the decision in Lata Wadhwa vs. State of Bihar reported in AIR 2001 SUPREME COURT 3218, the Tribunal concluded the monthly income at Rs.3,000/- p.m. Hence, the same does not warrant any interference by this Court.
8. As far as the multiplier is concerned, the argument of the learned Counsel for the appellant has got force. The age of the husband was 32 and it should be taken into consideration. However, the Tribunal took the age of the deceased and adopted the wrong multiplier of 18. Therefore, based on the age of the husband namely 32, multiplier 17 should be adopted. Accordingly, the multiplier is varied from 18 to 17. If multiplier 17 is adopted, the loss of income would be Rs.4,08,000/-(Rs.3,000/- X 12 X 17 X 2/3 = Rs.4,08,000/-) {Rupees Four Lakhs and Eight Thousand only).
9. As far as the amounts given under the other headings are concerned, they are very reasonable and are confirmed.
10. Accordingly, the award of the Tribunal is reduced from 4,67,000/- to Rs.4,43,000/- (Rupees Four Lakhs and Forty Three Thousand only) along with interest at the rate of 7.5% p.a. The compensation awarded by the Tribunal is modified by this Court, in the following manner:
(i) Loss of Income - Rs.4,08,000/-
(ii) Loss of Consortium for R.1 - Rs. 15,000/-
(iii)Loss of Love and Affection for R.2 - Rs. 5,000/-
(iv) Funeral Expenses - Rs. 3,000/-
(v) Transportation - Rs. 2,000/-
(vi) Loss of Estate - Rs. 10,000/-
--------------- Total - Rs.4,43,000/-
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11. In the result, the Civil Miscellaneous Appeal is disposed of in the above terms. But, there will be no order as to costs.
rsb TO The Motor Accident Claims Tribunal -
Fast Track Court No.II, Tirunelveli.