IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.01.2011 C O R A M THE HONOURABLE MR. JUSTICE B.RAJENDRAN C.M.A. No. 212 of 2006 The Oriental Insurance Co Ltd., No.39/26, above Canara Bank Brathir Nagar Delhi – 110 007 .. Appellant/3rd Respondent Versus 1. Hamsaveni 2. K. Anand 3. K. Jothimani .. Respondent 1to3/Claimants 4. Ayubkhan 5. Satpal Solanki (4th respondent is given up as he is an unnecessary party) .. 4th & 5th Respondents/ 1st & 2nd Respondent Appeal under Section 173 of the Motor Vehicles Act, 1988 against the award and Decree dated 31.03.2005 made in M.C.O.P.No. 28 of 2005 on the file of the Motor Accident Claims Tribunal, Additional District Court, Fast Track Court-4, Bhavani. For Appellant : Mr. R. Sivakumar For Respondent : Mr. Ma.P. Thangavel for RR1 to 3 JUDGMENT The insurance company has filed this appeal aggrieved by the award of Rs.4,86,500/- passed by the court below for the death of the deceased Krishnan, who was a lorry driver by profession. The claim petition was filed by the wife and children of the deceased. 2. The claim petition was filed by stating that when the deceased was driving the truck bearing Registration No. KA – 01 D 3993, on 13.07.2002 at about 6.30 am, the deceased got down from the truck and standing near the truck on the fly over, west from Hanuman temple at Sahdra, Delhi. At that time, the bus bearing Registration No. TL 01 PB 0003 was driven by its driver in a rash and negligent manner and hit the deceased. In the impact, the deceased was thrown away and sustained grievous skull injuries. The deceased was rushed to UCMS & GTB Hospital at Delhi, but he succumbed to the injuries at the hospital. At the time of accident, the deceased was 48 years and was earning Rs.6,000/- per month including batta. Therefore, for the death of the deceased, the claim petition was filed claiming Rs.7,00,000/- as compensation. https://hcservices.ecourts.gov.in/hcservices/ 3. Before the Court below, the first claimant examined herself as PW1 and Exs. P1 to P8 were marked. On behalf of the respondents in the claim petition, no witnesses were examined or documents marked. The court below, after considering the oral and documentary evidence, awarded a sum of Rs.4,86,500/- as compensation for the deceased. 4. The learned counsel for the appellant would contend that the court below erred in taking the income of the deceased at Rs.4,000/- per month without any documentary evidence to that effect. Further, by adopting multiplier '15' the court below erroneously awarded a huge sum as compensation for the claimants and in fact, the court below ought to have applied multiplier '13' to award the compensation. 5. The learned counsel for the claimants/respondents would contend that the deceased was a driver of the lorry and he died at the age of 48 years thereby the claimants have lost their only bread winner. Further, as a lorry driver, the deceased would easily earn a sum of Rs.4,000/- per month, including daily batta and therefore, the amount taken as monthly income and the multiplier adopted by the court below are valid and legal. 6. Heard both sides. The only point for consideration in this appeal is whether the amount awarded by the court below is excessive or not. 7. The insurance company admits the date, time and manner in which the accident had occurred as also the liability to pay the compensation. The insurance company is only disputing the quantum of compensation. 8. It is admitted by both sides that the deceased was 50 years at the time of his death and he was a driver by profession. As rightly pointed out by the learned counsel for the appellant, for the death of the deceased, who was aged 50 years at the time of accident, the correct multiplier to be adopted as per the II Schedule of the Motor Vehicles Act is '13'. Therefore, if the income of the deceased, even as taken by the Tribunal at Rs.4,000/- per month is considered, after giving 1/3rd deduction, the monthly contribution of the deceased can safely be arrived at Rs.2,667/-, the loss of income for the death of the deceased would be Rs.4,16,052/- (Rs.2,667 X 12 X 13) rounded off to Rs.4,17,000/-. 9. For Love and affection, the court below awarded a sum of Rs.2,000/-, which is very meager. Taking into consideration that the first claimant was 40 years and the children were 22 and 20 years respectively at the time of death of the deceased, I am inclined to award Rs.5,000/- each to the claimants. Accordingly, the claimants are entitled to Rs.15,000/- for love and affection. 10. The Court below granted a sum of Rs.2,500/- towards consortium to the first claimant/wife and Rs.2,000/- towards funeral expenses. The amount awarded under these heads are meager and the first claimant has to be given atleast Rs.10,000/- towards consortium https://hcservices.ecourts.gov.in/hcservices/ and Rs.5,000/- for the claimants towards funeral expenses, which will be the fair and reasonable compensation. 11. For transportation charges, the court below has not awarded any amount. Taking into consideration that the deceased died at Delhi and his body was transported to the native place of the deceased at Erode District, it will be fair and reasonable to award Rs.5,000/- towards transportation charges, which the Court below failed to award. 12. In the result, the appeal filed by the Insurance Company is partly allowed reducing the Compensation from Rs.4,86,500/- to Rs.4,52,000/- as follows:- Loss of income : Rs.4,17,000.00 Love and Affection : Rs. 15,000.00 Loss of consortium : Rs. 10,000.00 Funeral Expenses : Rs. 5,000.00 Transportation Charges : Rs. 5,000.00 ----------------------- Rs. 4,52,000.00 13. It is brought to the notice of this Court that the court below had awarded interest at the rate of 9% per annum, which is unsustainable in law. As per the decision of the Honourable Supreme Court, the rate of interest tobe awarded in respect of the accidents that took place after the year 2000 is only 7.5% per annum and not 9% per annum. No costs. 14. It is brought to the notice of this Court that the insurance company had deposited the entire compensation amount out of which the claimants have withdrawn 50% of the amount. In view of the determination of the compensation amount in this appeal, the insurance company is permitted to withdraw the excess amount, if any, with accrued interest at the rate of 7.5% per annum and the claimants are entitled to withdraw the balance compensation amount. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar rsh To The Motor Accident Claims Tribunal Additional District Court Fast Track Court-4, Bhavani + 1 cc to Mr.Ma.P.Thangavel, Advocate Sr.1815 + 1 cc to Mr. R.Sivakumar, Advocate 1087 Copy to: The Section Officer, V.R. Section, High Court, Madras. CMA No. 212 of 2006 BS(CO) Eu 24.2.11 https://hcservices.ecourts.gov.in/hcservices/