Total = Rs.40,64,584/-
.....................
According to the first respondent/claimant, who was examined as P.W.1 before the Tribunal, the deceased was aged about 43 years on the date of accident and she worked as a Teacher in Birla Vidhya Nikethan, Pushpavihar, New Delhi and her monthly salary was Rs.30,648/-. His evidence was corroborated by P.W.3, who was an employee of the same school and by Ex.P14-pay slip for the months from July 2010 to September 2010 and Ex.P25-Identity card issued by the school. Similarly, the case of the first respondent/claimant that the deceased was 43 years old at the time of accident, was supported by Exs.P10-post mortem certificate, P11-death certificate, P13-Pan Card and P14-Passport. Apart from that, P.W.4, who was the auditor of the first respondent/claimant as well as the deceased, deposed in his evidence that the deceased was an Income Tax Assessee. Through him, Ex.P28 Income Tax returns for the years from 2008-2009 to 2010-2011, was marked. Based on the those oral and documentary evidence, the Tribunal has calculated the monthly income of the deceased from Rs.30,648/- to Rs.28,413/-, after deducting transport allowances and medical allowance. Considering the age of the deceased at 43 years, the Tribunal has adopted the multiplier '14'. After deducting Rs.600/- per month towards Income Tax and adding 30% towards future prospects, the Tribunal has determined the annual income of the deceased at Rs.4,33,883/-. After deducting 1/3rd amount towards personal expenses and applying the multiplier 14, the Tribunal has arrived at Rs.40,49,584/- (Rs.4,33,883 x 2/3 x 14) as compensation under the head loss of dependency. That apart, the Tribunal has awarded Rs.10,000/- towards loss of consortium and Rs.5,000/- towards transport and funeral expenses. Thus, the Tribunal has awarded a sum of Rs.40,64,584/- as total compensation to the first respondent/claimant. However, the learned counsel for the first respondent/claimant, during the course of argument, submitted that the first respondent/claimant is willing to receive a sum of Rs.40,00,000/- instead of Rs.40,64,584/- as compensation. In view of the same, the award of the Tribunal in MCOP.No.11/2011 is hereby reduced to Rs.40,00,000/- by this Court.
CMA.No.1686/2014 against MCOP.No.12/2011:
12.The Tribunal awarded a sum of Rs.3,05,000/- against the claim of Rs.10,00,000/- for the death of daughter of the first respondent/claimant Charvee Das, who was aged about 14 years at the time of accident, under the following heads:
Pecuniary loss = Rs.1,50,000/-
Non-pecuniary loss = Rs. 75,000/-
Loss of future prospects= Rs. 75,000/-
13.The Tribunal awarded a sum of Rs.6,14,843/- (wrongly mentioned as Rs.6,19,843/-) against the claim of Rs.40,00,000/- for the injuries sustained by the first respondent/claimant, under the following heads:
Loss of income = Rs.5,19,843/-
Pain and suffering = Rs. 15,000/-
Extra nourishment = Rs. 10,000/-
Disability = Rs. 70,000/-
.....................
Total = Rs.6,14,843/-
.....................
The first respondent/claimant/injured examined himself as P.W.1. He deposed that immediately after the accident, he was admitted as inpatient at Chettinad Hospital and treated from 03.10.2010 to 05.10.2010 and he was shifted to Apollo Multi Speciality Hospital for better treatment from 05.10.2010 to 08.10.2010. He was again shifted to Apollo Main Hospital and treated from 08.10.2010 to 08.11.2010. Thereafter, he has taken physiotherapy treatment for two months. P.W.1 further stated in his evidence that due to the injuries sustained by him, he is unable to sit in the office for long hours and work comfortably. P.W.2, who was a Senior Executive in M/s.Soma Isolux One Toll Way Private Limited, Gurgaon, deposed that the injured was working as a Team Leader since 03.04.2009 and getting the monthly salary of Rs.2,66,882/- and he did not attend the office from 03.10.2010 to 31.12.2010, due to which, he was on loss of pay to the tune of Rs.7,42,633/-. The pay slip and salary certificate of the injured were marked as Exs.P23 and P24 respectively. The income Tax returns of the injured was marked as Ex.P27 through P.W.4, who was the auditor of the first respondent/claimant. P.W.5/Doctor issued Ex.P30 disability certificate of the injured, as per which, he sustained 80% permanent disability. However, the Tribunal, considering the other medical records, has taken the disability at 70% and awarded a sum of Rs.70,000/- by fixing Rs.1,000/- per 1% of disability under the head disability. That apart, taking note of the oral and documentary evidence, the Tribunal awarded a sum of Rs.15,000/- towards pain and suffering and Rs.10,000/- towards extra nourishment. Based on the evidence of P.W.2, the Tribunal has awarded a sum of Rs.5,19,843/- (after deducting 30% towards Income Tax from Rs.7,42,633/-) towards loss of income during the treatment period. Thus, the Tribunal has awarded a sum of Rs.6,14,843/- (wrongly mentioned as Rs.6,19,843/-) as total compensation to the first respondent/claimant. However, the learned counsel for the first respondent/claimant, during the course of argument, submitted that the first respondent/claimant is willing to receive a sum of Rs.5,89,843/- after deducting a sum of Rs.25,000/-, instead of Rs.6,14,843/- as compensation. In view of the same, the award of the Tribunal in MCOP.No.13/2011, is hereby reduced to Rs.5,89,843/- by this Court.
14.In view of the above, the appellant insurance company is directed to deposit the aforesaid modified compensation after deducting the amount already deposited, along with proportionate interest at 7.5% p.a, to the credit of the respective MCOP Numbers before the Tribunal, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the first respondent/claimant is permitted to withdraw the entire compensation amount lying in the deposit.
15.In the result, all the Civil Miscellaneous Appeals are partly allowed. No costs. Consequently, connected Miscellaneous Petitions are closed.
(R.P.S., J.) (A.D.J.C., J.) 08.09.2017 rk Index:Yes/No R.SUBBIAH, J.
and A.D.JAGADISH CHANDIRA, J.
rk To The Motor Accidents Claims Tribunal Principal District Judge, Tiruvallur.
C.M.A.Nos.1669, 1686 and 1840 of 2014 08.09.2017