1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2011 C O R A M THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL MISCELLANEOUS APPEAL No.474 of 2011 and MISCELLANEOUS PETITION Nos.1 and 2 of 2011 IFFCO-TOKIO General Insurance Co. Ltd., ITGI-Strategic Business Unit, Chennai, New No.28, Second Floor, North Usman Road, T.Nagar, Chennai – 600 017. .. Appellant Vs. 1.Elizabeth Mary 2.Minor Ashok (Minor second respondent is represented by his mother and next friend viz., first respondent) 3.Thangarasu 4.Vijayalakshmi 5.Ganesan (R5 – Exparte) .. Respondents Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the award dated 30.09.2010 passed in M.C.O.P.No.204 of 2008 by the Motor Accidents Claims Tribunal/Sub Court, Kulithalai. For Appellant .. Mr.G.R.Swaminathan For Respondents .. Mr.P.Tharmaraj 1 to 4 JUDGMENT This Civil Miscellaneous Appeal has been directed against the award dated 30.09.2010 passed in M.C.O.P.No.204 of 2008 by the Motor Accidents Claims Tribunal/Sub Court, Kulithalai. 2. The respondents 1 to 4 herein as petitioners have filed M.C.O.P.No.204 of 2008 on the file of the Motor Accident Claims Tribunal praying to pass an award for the amount mentioned therein, wherein the present appellant and the fifth respondent have been shown as respondents. https://hcservices.ecourts.gov.in/hcservices/ 2 3. On the basis of the available evidence on record the Motor Accidents Claims Tribunal has awarded a sum of Rs.7,32,500/- by way of compensation. With regard to quantum of compensation fixed by the Motor Accidents Claims Tribunal, the present Civil Miscellaneous Appeal has been preferred at the instance of the second respondent as appellant. 4. The learned counsel appearing for the appellant/second respondent has contended that as per Ex.P.10, the deceased has earned only Rs.2,167/- per mensum and apart from Ex.P.10, no document has been filed with regard to alleged monthly earnings, however the Motor Accidents Claims Tribunal has erroneously fixed his monthly income at Rs.6,000/- and therefore the award passed by the Motor Accidents Claims Tribunal is liable to be modified. 5. On the side of the respondents 1 to 4/ petitioners, totally ten documents have been filed. Ex.P.10 is the Salary Certificate, wherein it has been clearly mentioned that the deceased has earned monthly income of Rs.2,167/-. Ex.P.9 is a Membership Card for the purpose of showing that the deceased has engaged in taking photographs. Considering the family members of the deceased and also considering that Ex.P.9 has been filed on the side of the petitioners, this Court is of the view that normally the deceased would have earned Rs.6,000/- per mensum. The Motor Accidents Claims Tribunal has rightly fixed Rs.6,000/- as monthly income of the deceased. 6. The Motor Accidents Claims Tribunal after deducting one third, has fixed Rs.4,000/- per mensum and yearly it comes to Rs.48,000/-. The Motor Accidents Claims Tribunal has rightly adopted 15 multiplier. The Motor Accidents Claims Tribunal has rightly awarded Rs.5,000/- towards funeral expenses, Rs.2,500/- towards transportation and Rs.5,000/- towards love and affection. In view of the discussion made earlier, this Court has not found any error on the part of the Motor Accidents Claims Tribunal in fixing the compensation in question and altogether the present Civil Miscellaneous Appeal deserves to be dismissed. 7. In fine, this Civil Miscellaneous Appeal deserves dismissal and accordingly is dismissed without costs and the award passed in M.C.O.P.No.204 of 2008 by the Motor Accidents Claims Tribunal/Sub Court, Kulithalai is confirmed. Consequently, connected Miscellaneous Petitions are dismissed. Sd/- Assistant Registrar(Crl.SIde) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To The Motor Accident Claims Tribunal/ Sub Court, Kulithalai +One CC to Mr.G.R.Swaminathan, Advocate, SR.No.31467 smn rl/3 c- 3.10.2011 C.M.A(MD)No.474 of 2011 and M.P(MD)Nos.1 and 2 of 2011 https://hcservices.ecourts.gov.in/hcservices/