In respect of death of one Mohamed Rafiq, aged 23 years, agricultural coolie earning a sum of Rs.6,000/- per month, who died in an accident on 26.09.2011, the claimants, who are the the parents of the deceased, filed a Claim Petition in M.C.O.P.No.44 of 2012 before the Motor Accident Claims Tribunal, Mannargudi, claiming compensation of Rs.10,00,000/-.
1.1. As against the claim made, the tribunal has awarded a sum of Rs.11,07,000/- as compensation. The break-up details of the same are as under: Loss of contribution - Rs. 9,72,000/-
Loss of love and affection - Rs. 1,00,000/-
1.2. Challenging the quantum of compensation, this Civil Miscellaneous Appeal has been filed by the Transport Corporation.
2. The learned counsel for the appellant would submit that without any proof, monthly income of the deceased has been taken at Rs.6,000/- per month, which is on the higher side. It is further submitted that the trial Court ought not to have awarded a sum of Rs.1,00,000/- for loss of love and Affection. 2.1. This contention cannot be accepted. Having regard to the age of the deceased and the year of accident (i.e. 26.09.2011), the monthly income fixed at Rs.6,000/- cannot be said to be excessive. 2.2. The amount awarded under the head 'loss of love and Affection' also cannot be said to be excessive, having regard to the nature of relationship between the claimants and the deceased.
3. It is the further contention of the learned counsel for the appellant that when the claim itself is made for a sum of Rs.10,00,000/-, the Tribunal has awarded a sum of Rs.11,07,000/-, which is more than the amount claimed and it is not justified. 3.1. This contention also cannot be accepted. It is a settled law that the compensation should be just and reasonable, having regard to the facts and circumstances and awarding just compensation cannot be restricted by the claim made.
4. In the result, this Civil Miscellaneous Appeal stands dismissed, confirming the award dated 15.12.2015, passed in M.C.O.P.No.44 of 2012, by the Motor Accidents Claims Tribunal, Subordinate Judge, Mannarkudi.
5. The Transport Corporation shall deposit the entire award amount, less the amount already deposited, if any, along with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit, within a period of six weeks from the date of receipt of a copy of this Judgment. On such deposit being made, the claimants are permitted to withdraw the same as per the apportionment made by the Tribunal. No costs. Consequently, connected miscellaneous petition is closed.
02.01.2017 arr/ogy To
1. Motor Accidents Claims Tribunal, (Sub Judge), Mannarkudi.
2. The Section Officer, VR Section, High Court, Madras.
DR.S.VIMALA,J.
Arr/ogy C.M.A.No.3 of 2017 02.01.2017