IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.08.2008 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR C.M.A.(NPD)No.3245 of 2007 and M.P.Nos. 1 of 2007 and 1 of 2008 Oriental Insurance Co., Ltd., No.281, Crosscut Road, Gandhipuram, Coimbatore. ... Appellant vs. 1. R. Karuppanan 2. Sarasu @ Saraswathi 3. Anbalagan 4. K. Bhuvaneshwari ... Respondents Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the award and decree dated 13.09.2006 made in M.C.O.P.No. 1392 of 2005 on the file of the Motor Accidents Claims Tribunal, III Additional Sub Court, Coimbatore. For appellant : M/s. S.Arunkumar For Respondents 1 & 2 : Mr. S.Saravanan For Respondent - 3 : Not ready &&&&&& JUDGMENT The Insurance Company has filed the appeal challenging the Award dated 13.09.2006 made in M.C.O.P.No. 1392 of 2005 on the file of the Motor Accidents Claims Tribunal, III Additional Sub Court, Coimbatore. 2. It is the case of fatal accident. The accident in this case happened on 20.06.2005. The deceased Shanmugasundaram said to be 24 years old working as Accountant was riding a motor cycle and was hit by a mini bus, insured with the appellant. In that accident, the https://hcservices.ecourts.gov.in/hcservices/ said Shanmugasundaram died. The mother said to be 55 years old and the father 55 years old filed a claim petition for a sum of Rs.5,00,000/- as compensation stating that the income of the deceased son, a bachelor was Rs.2,252/- per month. The deceased is a graduate in Commerce. In support of the claim, the father was examined as PW.1. Eye witness Mr.A.Selvakumar was examined as PW.2. The employer of the deceased was examined as PW.3. On behalf of the appellant/respondent before the Tribunal, one Mr.S.K.Perumal was examined as RW.1. The following documents were marked on behalf of the claimants. Ex.P1 is the First Information Report, Ex.P2 is the report given by Motor Vehicle Inspector, Ex.P3 is the Rough Sketch, Ex.P4 is the Postmortem report, Ex.P5 is the Charge Sheet, Ex.P6 is the legal heirs certificate Ex.P7 are medical bills, Ex.P8 is Scan Report, Ex.P9 is X-ray, Ex.P10 is Certificate for the B.Com qualification, Ex.P11 is Certificate issued by Bharathiar University, Ex.P12 is the T.C issued by Annamalai University, Ex.P13 is typewriting qualification certificate, Ex.P14 is the computer skills qualification certificate, Ex.P15 is the driving licence and Ex.P16 is the salary certificate. No documents were filed on behalf of the appellant/respondent before the Tribunal. 3. As far as negligence is concerned, though the First Information Report was lodged against the driver of the mini bus and charge sheeted. He was acquitted in the Criminal Case. The Tribunal however came to the conclusion that the accident in this case happened due to the negligence on the part of the driver of the mini bus, based on the evidence of PW.2, the independent eye witness. 4. It is trite law that the finding of the Criminal Court will not bind the Tribunal automatically. The evidence on record before the Tribunal can be independently considered on its own merits. The claimants have examined witnesses and relied upon documents. As far as Appellants/respondents, no clear cut documentary evidence was let in to prove that the deceased had also contributed to the accident. Therefore the finding of negligence on the part of the driver of the mini bus is confirmed and the liability of the appellant Insurance Company to compensate the claimants also stands confirmed. 5. In so far as the compensation is concerned, income of the deceased was taken as Rs.2250/- per month and the 2/3rd contribution to dependents at Rs.1,500/- per month. By adopting 18 multiplier, the Tribunal granted Rs.3,24,000/- as pecuniary loss (Rs.1500 x 12 x 18). A sum of Rs.2000/- was granted for funeral expenses. Rs.4,800/- was awarded for medical expenses. Totally Rs.3,30,800/- was awarded with interest at 7.5% p.a. 6. The contention of the learned counsel for the appellant is that 18 multiplier in the case of the deceased bachelor earning https://hcservices.ecourts.gov.in/hcservices/ member is not justified. He placed reliance on the decision of the Hon'ble Apex Court in Bijoy Kumar Dugar ..vs.. Bidya Dhar Dutta reported in 2006 AIR SCW 1116 = 2006 (3) SCC 242. 7. The learned counsel for the claimants stated that no amount has been granted for loss of love and affection to the father and mother and no amount has been granted for transport expenses and for loss of estate. 8. The deceased in this case is a bachelor earning member. The possibility of the deceased getting married and the contribution to the dependents getting reduced is always there. In such view of the matter, the proper multiplier will be 12, and not 18. Therefore the total pecuniary loss will be Rs.2,16,000/- (Rs.1500 x 12 x 12). The father and mother will be entitled to Rs.15,000/- each for loss of love and affection on the death of their son. As against Rs.2000/- granted for funeral expenses Rs.5,000/- is granted. For transport expenses Rs.1,000/- and Rs.2,500/- for loss of estate is granted. The sum of Rs.4,800/- granted under medical expenses is confirmed. Therefore, the compensation will be Rs.2,59,300/- and the interest of 7.5% is confirmed as the accident in this case happened in the year 2005 and the award was passed in the year 2006. 9. The learned counsel for the appellant states that the entire award amount has been deposited by the appellant. 10. In the result, the Civil Miscellaneous Appeal is partly allowed, as follows: (i) The award of the Tribunal is reduced to Rs.2,59,300/- (Rupees two lakhs fifty nine thousand and three hundred only) from Rs.3,30,800/-; (ii) The interest granted by the Tribunal at 7.5% stands confirmed; (iii) The mother is entitled to withdraw a sum of Rs.1,59,300/- (Rupees one lakh fifty nine thousand and three hundred only) with interest and costs; (iv) The father is entitled to withdraw a sum of Rs.1,00,000/- (Rupees one lakh only) with interest. (v) The appellant is entitled to withdraw the excess amount in deposit with interest after settling the claimants. (vi) There will be no order as to costs. https://hcservices.ecourts.gov.in/hcservices/ (vii) Consequently, the connected miscellaneous petitions are closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. Mra To 1. Motor Accidents Claims Tribunal, III Additional Sub Court, Coimbatore. 2. The V.R.Section, High Court, Madras + 1 CC To Mr.S.Saravanan, Advocate SR NO.48893 + 1 CC To Mr.S.Arunkumar, Advocate SR NO.49129 C.M.A.(NPD)No.3245 of 2007 and M.P.Nos. 1 of 2007 and 1 of 2008 SSV {CO} TP/12.11.08 https://hcservices.ecourts.gov.in/hcservices/