The State Transport Corporation is on appeal challenging the award dated 14.08.2008 passed in M.A.C.T.O.P.No.399 of 2006 on the file of Motor Accident Claims Tribunal (Principal Subordinate Court), Gobichettypalayam.
2. It is a case of fatal accident. The accident in this case happened on 31.8.2006. The deceased Ramasamy said to be aged 64 years, owner of cloth shop, was travelling in a motor cycle. He was hit by the bus belonging to the appellant transport corporation driven by its driver in a rash and negligent manner. In that accident, the deceased Ramasamy suffered grievous injuries and died. The wife aged 60 years, son aged 29 years and the daughter aged 27 years filed a claim for compensation in a sum of Rs.8,63,000/- stating that the deceased was earning a sum of Rs.15,000/- per month.
3.In support of the claim, the son of the deceased was examined as P.W.1. Exs. A1 to A17 were marked, which are as follows:-
Ex.A1 - First Information Report Ex.A2 - Motor Vehicle Inspector's Inspection Report Ex.A3 - Motor Vehicle Inspector's Inspection Report Ex.A4 - Charge sheet Ex.A5 - Postmortem report Ex.A6 - Observation mahazar Ex.A7 - Rough sketch Ex.A8 - Death Certificate Ex.A9 - Legal heir certificate Ex.A10- Death Certificate Ex.A11- Certificate regarding the cause of death Ex.A12- Cloth shop Registration certificate Ex.A13- Family card Ex.A14- Driver's licence of the deceased Ex.A15- Hospital receipts Ex.A16- Medical bills Ex.A17- Car rent bills
4. As regards the finding of negligence on the part of the driver of the appellant transport corporation bus and the liability fixed on the appellant transport corporation to compensate the claimants is not disputed by the learned counsel for the appellant. The only point canvassed in this appeal at the time of admission is on the quantum of compensation awarded by the Tribunal on the death of the deceased Ramasamy.
5. Taking into consideration Ex.A12, certificate showing that the deceased was owning a cloth shop and earning income, the Tribunal fixed the income of the deceased at Rs.5000/- per month (i.e.) Rs.60,000/- per annum, in which 1/3rd was deducted towards his personal expenses. Thus, the contribution to the family was taken as Rs.40,000/- per annum. By adopting the multiplier of 5, the Tribunal awarded a sum of Rs.2,00,000/- towards pecuniary loss. The Tribunal also awarded compensation under conventional heads. In all the Tribunal granted compensation as follows with interest at 7.5% per annum:-
Sl.No.
Head Amount granted by the Tribunal 1 Pecuniary loss Rs. 2,00,000/-
6. The only plea taken by the learned counsel for the appellant in this appeal is that the income of the deceased fixed at Rs.5000/- is on the higher side and therefore, the quantum of compensation has to be reduced.
7. This Court is not inclined to interfere with the quantum of compensation for the following reasons:-
(i)In this case the accident happened on 31.8.2006. The deceased was admittedly supporting his family by running a cloth shop.
(ii)He was in the hospital for a period of four days. He succumbed to injuries sustained as a result of the accident.
(iii)The fact that the deceased was running a cloth shop is not in dispute. Considering the cost of living during the relevant point of time, the income of the deceased fixed at Rs.5000/- per month by the Tribunal cannot said to be excessive. In any event, for the death of the owner of the cloth shop, an earning member of the family, only a sum of Rs.2,00,000/- was awarded.
(iv)The major amount awarded by the Tribunal is for the medical expenses and other amounts are just and reasonable and the same does not call for any deduction.
(v)The multiplier 5 adopted by the Tribunal is also in terms of second Schedule to
Section 163 A of the Motor Vehicles Act.
(vi)Considering all the above aspects, this Court is unable to find any good reason to reduce the compensation awarded by the Tribunal.
(vii)There is no dispute with regard to interest.
8. Finding no merit, the appeal is dismissed. Consequently, connected MP is dismissed. The appellant seeks eight weeks' time to deposit the award amount and the same is granted. On such deposit, the claimants are entitled to withdraw the same as per the award of the Tribunal.
bg To The Motor Accident Claims Tribunal, Principal Subordinate Court, Gobichettypalayam