1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2011 CORAM: THE HONOURABLE MS.JUSTICE K.B.K.VASUKI C.M.A.No.456 of 2011 and M.P(MD)Nos.1 and 2 2011 The Managing Director, Tamil Nadu State Transport Corporation, Bye-Pass Road, Madurai. ... Appellant/1st Respondent Vs. 1.Vallayan @ Vairava Gounder 2.Ponnuthai 3.P.Ramraj (R3 is Given up) ... Respondents/Claimants 1 and 2 and 2nd Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 11.02.2008 made in M.C.O.P.No.980 of 2007 on the file of the Motor Accident Claims Tribunal, Additional District & Sessions Judge/Fast Track Court No.III, Madurai. For Appellant : Mr.M.Prakash For R1 and R2 : Mr.C.Vakeeswaran (R3 given up) J U D G M E N T This Civil Miscellaneous Appeal is filed by the respondent/State Transport Corporation against the award of compensation of Rs.2,20,000/- in favour of the parents of one Vairamani, who is the victim of the fatal accident occurred at 8.00 p.m on 03.05.2001 due to rash and negligent driving of the State Transport Corporation bus. 2. The date, time, place and manner of the accident as referred to above, age and relationship of the deceased and the claimants/parents and the nature and avocation of the deceased and the dependency of the claimants upon the deceased are not so seriously denied. 3. The Tribunal has by fixing the notional income of the deceased at Rs.15,000/- per annum assessed the family contribution of the deceased as Rs.12,000/- per annum and by adopting the multiplier of "17" arrived at the loss of dependency as Rs.2,04,000/- and has finally awarded compensation of Rs.2,20,000/-. 4. The only grievance raised before this Court by the State Transport Corporation is the multiplier of "17" adopted by the Tribunal. It is seriously contended by the learned counsel for the appellant that considering the age of the parents of the deceased, particularly the mother at 40 years, the multiplier of less than "15" ought to have been adopted and the multiplier of "17" adopted by the Tribunal is very much on higher side. https://hcservices.ecourts.gov.in/hcservices/ 2 5. This Court is inclined to accept the contention so raised on the side of the appellant. The deceased was admittedly a bachelor leaving behind his parents and his legal heirs. Though the deceased was during the relevant point of time 21 years, had he been alive and had he been married at proper marriageable age, there shall be considerable reduction in the family contribution. 6. This Court considering the age of the deceased and nature of his avocation, is inclined to fix his monthly income instead of fixing notional income per annum at Rs.3,000/- per month and Rs.36,000/- per annum and after deducting 1/2 of the same towards personal expenses of the deceased who died as bachelor the multiplicand to be adopted is Rs.18,000/- per annum and the loss of dependency is by adopting multiplier of "11" arrived at Rs.1,98,000/- with which is to be added Rs.7,000/- towards transport to hospital and funeral expenses and Rs.15,000/- towards loss of love and affection and the total compensation awarded by the Tribunal is under different calculation confirmed. 7. In the result, this Civil Miscellaneous Appeal stands dismissed. No Costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (T & P) /True copy/ Sub Assistant Registrar(C.S) To The Motor Accident Claims Tribunal, Additional District & Sessions Judge/ Fast Track Court No.III, Madurai. +1. CC to Mr.C.Vakeeswaran, Advocate, SR.No. 18096 +1. CC to Mr.M.Prakash, Advocate, SR.No. 18147 pm C.M.A(MD)No.456 of 2011 13.06.2011 TR : 20.07.2011: 2p/4c https://hcservices.ecourts.gov.in/hcservices/