IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 12.3.2009 Coram The HONOURABLE Mr. JUSTICE R.SUDHAKAR C.M.A.No.1309 of 2003 1.Easwari, 2.Minor Harishkumar, 3.Minor Kalaiselvan, 4.Kaliammal. (Minor appellants 2 and 3 are represented by their mother and next friend Tmt.Easwari, the first appellant). ... Appellants/Claimants vs. 1.M.Swaminathan, 2.National Insurance Co. Ltd., 157, Karamadai Road, RVR Buildings, Mettupalayam 641 301. ... Respondents/Respondents Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the award and decree dated 11.7.2002 passed in M.C.O.P.No.59 of 2001 on the file of the Motor Accidents Claims Tribunal (District Judge), Nilgiris at Uthagamandalam. For appellants : No appearance For respondents : No appearance ----- JUDGMENT The wife, two minor sons and the mother of the deceased, the claimants have filed this appeal seeking enhancement of the compensation over and above the amount awarded by the Tribunal. 2. Even though sufficient opportunity was given, none appears for the appellants and the respondents. Since the appeal is of the year 2003, the appeal is disposed of on merits. 3. It is a case of fatal accident. The brief facts of the case are as follows:- The accident in this case happened on 10.10.2001. https://hcservices.ecourts.gov.in/hcservices/ The deceased Rajendran, aged 33 years, was travelling on the lorry driven by its driver-cum-owner, the first respondent along with load of carrot harvested from his field and the lorry was stopped for cleaning and reloading of the carrot. Since the driver of the lorry did not take proper care in parking, the lorry suddenly moved. The driver of the lorry tried to stop the lorry. Since he could not stop the lorry, the driver jumped out of the lorry and the lorry capsized. During the process, the lorry ran over the said Rajendran. In that accident, the said Rajendran died. The wife aged 23 years and two minor sons aged 3-1/2 years and 1-1/2 years and the mother 50 years filed the claim under Section 166(1) of the Motor Vehicles Act for compensation in a sum of Rs.8 lakhs stating that the deceased was earning a sum of Rs.6,000/- per month. 4. In support of the claim, the wife of the deceased was examined as P.W.1. One Mr.Kanageswaran, a coolie worker of the deceased and also the eye witness to the accident, was examined as P.W.2. Exs.A-1 to A-9 were marked, the details of which are as follows as mentioned in the award:- Ex.A-1 is the photocopy of FIR dated 10.10.2001, Ex.A-2 is the photocopy of post-mortem certificate dated 10.10.2001, Ex.A-3 is the photocopy of the death certificate dated 15.10.2001, Ex.A-4 is the photocopy of Motor Vehicle Inspector's Inspection report dated 10.10.2001, Ex.A-5 is the photocopy of the insurance policy dated 28.9.2001, Ex.A-6 is the school transfer certificate dated 27.11.1991, Ex.A-7 is the legal heir certificate dated 4.12.2001, Ex.A-8 is the copy of judgment dated 5.11.2001 and Ex.A-9 is the certified copy of post-mortem certificate dated 10.10.2001. No oral or documentary evidence was let in on behalf of the respondents. 5. The Tribunal, in this case based on the age, occupation and the evidence of P.W.1, fixed the income of the deceased at Rs.1,500/- per month stating that the deceased would be earning Rs.50/- per day. After deducting a sum of Rs.500/- towards personal expenses of the deceased, the Tribunal fixed the sum of Rs.1,000/- towards loss of contribution to the dependents of the deceased. Based on the age and circumstances of the family of the deceased, the Tribunal adopted https://hcservices.ecourts.gov.in/hcservices/ 15 multiplier and granted a sum of Rs.1,80,000/- (Rs.1,000/- x 12 x 15 = Rs.1,80,000/-) towards loss of contribution to the dependents of the deceased. The Tribunal also granted compensation under conventional heads. In all, the Tribunal granted the following amounts as compensation with interest at 9% per annum:- Sl.N o. Head Amount granted by the Tribunal 1 Loss of contribution to the dependents of the deceased Rs.1,80,000/- 2 Loss of consortium to the wife on the death of her husband Rs. 10,000/- 3 Transport and funeral expenses Rs. 10,000/- Total Rs.2,00,000/- 6. The claimants filed the present appeal seeking enhancement of compensation stating that the income of the deceased has not been properly fixed and therefore, they are prejudiced by lesser compensation. It was also pleaded in the memorandum of appeal grounds that the multiplier to be followed in this case should be 18 and not 15. 7. On the appreciation of the facts and circumstances of the case, the grounds raised in the appeal in respect of the loss of contribution to the dependents of the deceased have to be accepted and the compensation has to be enhanced for the following reasons:- (i) The accident in this case happened on 10.10.2001. (ii) The deceased was aged 33 years old and was an intensive agriculturist and was dealing in vegetables and other cash crops by which he was earning daily income and these facts are not disputed. (iii) While determining the income, the following two decisions can be taken into consideration:- (a) A Division Bench of this Court in B.Anandhi – vs. - Latha reported in 2002 ACJ 233(P.SATHASIVAM,J., as he then was) observed that a coolie would earn Rs.100/- per day. In that case, the accident happened in the year 1995. (b) The Apex Court in State of Haryana and another – vs. - Jasbir Kaur and others reported in 2004-1 Law Weekly, was of the view that an agriculturist would earn Rs.3,000/- per month. In that case, the accident happened in the year 1999. https://hcservices.ecourts.gov.in/hcservices/ In the above cited cases, the income of the deceased was taken at Rs.3,000/- per month for the year 1995 and 1999 respectively, whereas in the present case, the accident happened in the year 2001. In this case, the income of the deceased was taken as Rs.1,500/- per month which is meagre. (iv) Based on the above decisions, the income of the deceased in this case should have been fixed at Rs.3,000/- per month. (v) As far as multiplier is concerned, the Tribunal taking into consideration the age and the family circumstances of the deceased, adopted 15 multiplier and this cannot be found fault with, in view of the Apex Court's decision in New India Assurance – vs.- Smt.Kalpana and others reported in 2007 AIR SCW 1316 = 2007(1) Supreme 514, and in The Managing Director, TNSTC – vs. - Sripriya and others reported in 2007(1) TN MAC 319 (SC) and also the decision in General Manager, Kerala State Road Transport Corporation – vs. Susamma Thomas and others reported in (1994)1 ACC 346 (SC) = AIR 1994 SC 1631 and also taking note of the fact that there are two minor children aged 3-1/2 years and 1-1/2 years. Therefore, the multiplier 15 adopted by the Tribunal is reasonable. (vi)In the appeal grounds the claimants stated that the loss of contribution to the family of the deceased would be Rs.1,800/- per month and this can be accepted in view of the income fixed. Accordingly, the loss of contribution to the dependents of the deceased will be Rs.3,24,000/- (Rs.1,800/- x 12 x 15 = Rs.3,24,000/-) as against Rs.1,80,000/-. (vii) The sum of Rs.10,000/- granted towards loss of consortium to the wife of the deceased and the sum of Rs.10,000/- granted towards transport and funeral expenses are confirmed. (viii) No compensation is granted towards loss of love and affection to the two minor sons and the mother of the deceased. Hence, the two minor children are granted a sum of Rs.10,000/- each towards loss of love and affection on the death of their father. The mother of the deceased is granted a sum of Rs.5,000/- towards loss of love and affection on the death of her son. (ix) Accordingly, the award of the Tribunal is enhanced as follows:- Sl.N o. Head Amount granted by the Tribunal Amount granted by this Court 1 Loss of contribution to the dependents of the deceased Rs.1,80,000/- Rs.3,24,000/- https://hcservices.ecourts.gov.in/hcservices/ Sl.N o. Head Amount granted by the Tribunal Amount granted by this Court 2 Loss of consortium to the wife on the death of her husband Rs. 10,000/- Rs. 10,000/- 3 Loss of love and affection to the two minor children on the death of their father (Rs.10,000/- each) --- Rs. 20,000/- 4 Loss of love and affection to the mother on the death of her son --- Rs. 5,000/- 5 Transport and Funeral expenses Rs. 10,000/- Rs. 10,000/- Total Rs.2,00,000/- Rs.3,69,000/- 8. In the result, the Civil Miscellaneous Appeal is allowed in part as follows:- (i) The award of the Tribunal is enhanced to Rs.3,69,000/- from Rs.2,00,000/-. (ii) The enhanced amount of compensation of Rs.1,69,000/- will suffer interest at 7.5% per annum from the date of claim petition till date of deposit. (iii) The enhanced award amount is apportioned as follows:- The first appellant, the wife of the deceased Rs.1,00,000/- with proportionate interest. The appellants 2 and 3, the minor sons of the deceased Rs.25,000/- each with proportionate interest The 4th appellant, the mother of the deceased Rs.19,000/- with proportionate interest (iv) The second respondent insurance company is granted eight weeks' time to deposit the entire enhanced award amount with interest. (v) On such deposit, the appellants 1 and 4 are permitted to withdraw the enhanced award amount as apportioned above. (vi) In respect of the minor appellants' share, the same shall be invested in any nationalised bank proximate to the place of the residence of the mother, the first appellant/first claimant for a period of three years and renewable thereafter till the minors attain majority. The mother of the minor appellants 2 and 3 is permitted to withdraw the accrued interest in respect of the share of the https://hcservices.ecourts.gov.in/hcservices/ minors once in three months directly from the bank and for the said purpose the first appellant/first claimant shall open a savings bank account on the same branch and the interest amount shall be transferred to the account to be maintained by the mother. (vii) The nationalised bank to which the amount will be invested, shall intimate to the first appellant/mother of the minors of such deposit and confirm the same to the Tribunal that the first appellant has been duly informed. The Tribunal to instruct the bank accordingly. (viii) Since the deposit is in the case of minors, the Tribunal is directed to send a report containing the details of the deposit to the High Court on such deposit. (ix) There will be no order as to costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ts To THE DISTRICT JUDGE, (MOTOR ACCIDENTS CLAIMS TRIBUNAL), NILGIRIS AT UTHAGAMANDALAM. 2. THE SECTION OFFICER JUDICIAL DEPARTMENT HIGH COURT, MADRAS 3. THE SECTION OFFICER V.R.SECTION HIGH COURT,MADRAS C.M.A.No.1309 of 2003 ck(co) SRA(3/4/2009) https://hcservices.ecourts.gov.in/hcservices/