1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2011 CORAM: THE HONOURABLE Ms.JUSTICE K.B.K.VASUKI C.M.A(MD)No.166 of 2011 and M.P.(MD)Nos. 1 and 2 of 2011 Iffco Tokyo General Insurance Company Limited, 195, Third Floor, "Tulsi Chambers", T.V.Samy Road(W), R.S.Puram, Coimbatore. ... Appellant/2nd Respondent Vs. 1. Selvam ... 1st Respondent/Petitioner 2. C.Shanmugam ... 2nd Respondent/1st Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1998 against the award dated 13.09.2010 made in M.A.C.O.P.No.781 of 2006, on the file of the Motor Accidents Claims Tribunal(Fast Track Court/II Additional District Judge), Trichy For Appellant : M/s.S.Srinivasa Raghavan For Respondent-1 : Mr.P.Athimoola Pandian For Respondent-2 : No appearance JUDGMENT This appeal is filed by the second respondent/Insurer against the award of compensation of Rs.4,00,000/- payable with interest at 7.5% p.a. made in favour of the claimant for the death of his younger brother in the accident occurred on 10.04.2006 at 12.15 p.m. at Thirumazhapadi- Pullampadi Road due to the rash and negligent driving of the auto owned by the first respondent and insured with the second respondent in the claim petition. In this appeal, the date, time,place of accident, manner of the accident and the relationship between the deceased and the claimant are not denied. 2. The learned counsel for the appellant has seriously argued against the entitlement of the claimant/elder brother to claim any compensation for loss of dependency and the quantum of the loss of total income assessed by the Tribunal. Regarding the entitlement of the claimant, he can in his capacity as the legal heir of his unmarried younger brother is entitled to claim compensation for the death of his younger brother and the objection against his right to maintain the claim is hence negatived. 3. Regarding the quantum of compensation, the Tribunal has fixed the income of the deceased at Rs.3,000/-p.m. and after deducting one third amount towards his personal expenses, multiplicant at Rs.2,000/- and has by adopting multiplier of '17', assessed the loss of income and loss of https://hcservices.ecourts.gov.in/hcservices/ 2 dependency at Rs.3,84,000/-, which is now sought to be seriously questioned by the insurance company. 4. According to the learned counsel for the appellant/insurer, the question of allowing any contribution to the elder brother from the income of the younger brother does not at all arise and even otherwise, the petitioner is entitled to claim only the minimum amount equivalent to one third of the income of the deceased towards contribution to the elder brother. This Court finds much force in the arguments advanced on the side of the Insurance Company and hence, inclined to reduce the contribution to the claimant at Rs.12,000/-p.a. and the loss of dependency to the claimant is hence assessed at Rs.12,000 x 18 = Rs.2,16,000/-. The award of the tribunal at Rs.10,000/- towards loss of love and affection and at Rs.6,000/- towards funeral and transport expenses stands confirmed. Hence, the compensation awarded by the Tribunal is reduced by this Court, as follows: 1. for loss of dependency - Rs.2,16,000/- 2. for loss of love and affection - Rs. 10,000/- 3. for funeral and transport expenses - Rs. 6,000/- ---------------- total -Rs.2,32,000/- ---------------- and the same is payable by the owner and insurer of the offending vehicle. 5. In the result, the award dated 13.09.2010 made in M.C.O.P.No.781 of 2006, on the file of the Motor Accidents Claims Tribunal(Fast Track Court/II Additional District Judge), Trichy is modified by awarding Rs.2,32,000/- with interest at 7.5%p.a. and proportionate costs payable by the second respondent on behalf of the first respondent, within two months from the date of receipt of the copy of this order. On deposit of the amount into Court, the claimant is permitted to withdraw the entire award amount with accrued interest and costs. The balance award amount, if any, shall be refunded to the appellant/insurer. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected miscellaneous petitions are closed. No costs. Sd/- Deputy Registrar (L.A) /True Copy/ Assistant Registrar To The Motor Accidents Claims Tribunal, (Fast Track Court/II Additional District Judge), Trichy. + 1 cc to Mr.A.Saravanan, Advocate, SR No.13132 + 1 cc to Mr.S.Srinivasa Raghavan, Advocate, SR No.12733 C.M.A(MD)NO.166 of 2011 06.04.2011 vsn RJ/25.5.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/