The deceased, M.Sabarinathan, Textile Engineering Graduate i.e. Bachelor of Engineering (B.E.,), working as Fabric Technologist at J.J.Mills, SIPCOT, earning a sum of Rs.12,000/- per month, aged 23 years, died in an accident on 25.10.2013. The parents have filed a claim petition for compensation claiming Rs.40,00,000/-, alleging the loss of dependency and loss of love and affection
2. The Tribunal, on a consideration of the materials, has chosen to pass the award for a sum of Rs.15,50,480/- and the breakup details of the award passed are as follows:-
Annual Income:
Loss for dependency Rs.12,96,000/-
Transport Expenses Rs. 5,000/-
Medical expenses Rs. 2,29,480/-
Funeral expenses Rs. 10,000/-
Loss of love and affection Rs. 10,000/- Rs.15,50,480/-
2.1. While assessing loss of dependency, monthly income has been fixed at Rs.12,000/- and adopting multiplier of 18 and deducting 50% towards personal expenses, quantification has been done. The details of calculation run as under:
Rs.12000/- x 12 = Rs. 1,44,000/-
Rs.1,44,000/- x 18 = Rs.25,92,000/-
Less : 50% for personal expenses-Rs.12,96,000/-
3. Challenging the quantum of compensation as excessive and disproportionate, the Transport Corporation has filed this Appeal.
4. The learned counsel appearing for the appellant / Transport Corporation would submit that the multiplier of '18' adopted by the Claims Tribunal is on the higher side and the proper multiplier, in respect of the deceased aged 23, is '17'. This contention is not correct and in respect of the age group '21 to 25' also, the multiplier is only 18.
5. The next contention is that the monthly income has been fixed on a higher range.
5.1. The breakup details require some elaboration in order to appreciate the contentions raised on the part of the appellant.
5.2. In the Claim Petition itself, it has been stated that the deceased was a B.E., Engineering Graduate, having specialized himself in Textile Engineering. Therefore, the contention that the deceased had been employed as Fabric Technologist is probable and thus, it cannot be discarded. For an Engineer, the monthly income fixed at Rs.12,000/- is reasonable.
5.3. The monthly income spoken to in the evidence is Rs.12,000/- per month. The Tribunal has quantified the compensation, by fixing the annual income and deducting 50% towards the personal expenses and adopting the multiplier of '18'.
5.4. Further, the amount of compensation has been awarded under other heads also. The medical expenses have been awarded to the tune of Rs.2,29,480/-, which would be towards compensating loss to estate.
Further, funeral expenses has been awarded at Rs.10,000/-, transport expenses at Rs.5,000/-, loss of love and affection has been awarded at Rs.10,000/-.
7. The fact remains that the accident took place on 25.10.2013. The compensation awarded under loss of love and affection is low compared to the award passed in comparable cases and therefore, the award cannot be said to be high, in respect to the loss of love and affection.
8. Under the stated circumstances, this Civil Miscellaneous Appeal filed by the Transport Corporation has no merits and therefore, this Appeal is dismissed. No costs. Consequently, the connected CMP is closed.
31.07.2017 Index : Yes / No Web : Yes / No srk Note to office.: Issue judgment copy on / before 02.08.2017
Dr. S.VIMALA, J.,
srk C.M.A.1531 of 2016 & C.M.P.No.11664 of 2016 31.07.2017