THE HONOURABLE Dr. JUSTICE S.VIMALA C.M.A.No.1099 of 2017 and C.M.P.No.5447 of 2017 The Managing Director, Tamil Nadu State Transport Corporation Kumbakonam, Kumbakonam Cusba, Taluk and District Munsif. ... Appellant / 1st respondent vs.
1. Padmavathi
2. Subramanian
3. Senthilkumar
4. Rojavathi ... Respondents 1 to 4/Petitioners
5. Muruganandam ... 5th respondent / 2nd respondent Prayer : This appeal filed under Section 173 of the Motor Vehicles Act 1988, against the Judgment and decree dated 14.08.2015 made in M.C.O.P.No.243 of 2013 on the file of the Motor Accident Claims Tribunal, Principal District and Session Judge, Tiruvarur.
For Appellant : Mr.Venkatachalam JUDGMENT The petitioners 1 to 4 filed a claim petition in M.C.O.P.No.243 of 2013 before Motor Accident Claims Tribunal, Principal District and Session Judge, Tiruvarur, claiming compensation of Rs.10,00,000/-, in respect of death of one Venkatachalam.
1.2. The deceased was aged 60 years and he was stated be an agriculturist and doing cycle business and earning a sum of Rs.40,000/- p.a. through agriculture and Rs.10,000/- p.m. through cycle business.
1.3. The Tribunal has quantified the compensation, taking into account the following parameters:
The notional income has been fixed at Rs.6,000/-; deducting 1/3rd towards personal expenses and adopting the multiplier of '9', the loss of dependency has been quantified at Rs.4,32,000/-; awarding Rs.50,000/- towards loss of consortium, awarding Rs.1,00,000/- towards loss of love and affection, Rs.2,000/- towards funeral expenses, total award has been quantified at Rs.5,84,000/-.
1.4. Challenging the quantum of compensation as excessive, the Transport Corporation has filed this appeal.
2. The learned counsel appearing for the appellant has expressed the grievance over the fixation of income and submitted that fixing the monthly income at Rs.6,000/- when the deceased was aged 60 years is on the higher side.
3. It is alleged that the deceased was looking after the agricultural work.
It is well known that in the village area, the elders up to the age of 90 years are also seen doing agriculture work. Therefore, the contention that the deceased was doing agriculture work even at the age of 60 years, cannot be brushed aside. Therefore, the fixing the income of the deceased at Rs.6,000/- cannot be faulted with and the amount awarded under other heads are also reasonable. Hence, this appeal has no merits.
4. Accordingly, the Civil Miscellaneous Appeal is dismissed, confirming the award dated 14.08.2015 passed in M.C.O.P.No.243 of 2013 by the Motor Accident Claims Tribunal, Principal District and Session Judge, Tiruvarur.
5. The Transport Corporation is directed to deposit the entire amount of compensation, 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 respondents are permitted to withdraw their share of the amount in terms of apportionment made by the Tribunal. No costs. Consequently, connected miscellaneous petition is closed.
02.03.2017
ogy Dr.S.VIMALA, J.
ogy To 1. The Motor Accident Claims Tribunal, Principal District and Session Judge, Tiruvarur C.M.A.No.1099 of 2017
02.03.2017
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