IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.10.2008 CORAM:- Hon'ble Mr. Justice R. SUDHAKAR C.M.A.No.1513 of 2008 National Insurance Company Ltd., Kangayam. .. Appellant/ 2nd respondent in Tribunal Vs. 1. Kannan 2. Kanagadurga 3. Parameshwari 4. Selvarani 5. Minor Vidya (4th minor Respondent declared as major and the guardian is discharged from the guardianship as per order dated 23.10.2008 in MP Nos. 2 & 3 of 2008) (Minor 5th respondent rep by father and natural guardian Ist Respondent) 6. N. Sigamani .. Respondent/Petitioners/ 1st respondent in Tribunal Appeal filed under Section 173 of M.V. Act against the award and decree dated 17.5.2007 in MCOP No.842 of 2005 on the file of the Motor Accidents Claims Tribunal (Additional District Judge/ Fast Track Court No.5), Tirupur at Coimbatore. For Appellant : Mr. D. Bhaskaran For Respondents : Mr. P.P.Shanmugasundaram–R1 to R5 JUDGMENT The National Insurance Company has filed this appeal challenging the award dated 17.5.2007 in MCOP No.842 of 2005 on the file of the Motor Accidents Claims Tribunal (Additional District Judge/ Fast Track Court No.5), Tirupur at Coimbatore. https://hcservices.ecourts.gov.in/hcservices/ 2. The only contention raised by the learned counsel for the appellant is on the quantum of compensation. The finding of negligence on the part of the driver of the vehicle which caused the accident and the liability of the insurance company to compensate the claimants is not in dispute and the same is confirmed. 3. The fatal accident in this case happened on 6.11.2004. While the deceased Thamizhselvi, aged 44 years was getting down from the mini bus, she was thrown out of the bus due to the rash and negligent driving by the driver . She was run over by the bus and she died. The deceased, it is claimed, was working as a coolie and earning a sum of Rs.4,000/- p.m. The husband aged 48 years, four daughters aged 21 years, 19 years, 16 years and 14 years have filed the claim petition claiming a sum of Rs.7,00,000/- as compensation. 4. In support of the claim petition, the husband of the deceased was examined as P.W.1. One Saraswathi, co-employee, was examined as P.W.2. Documents Exs.A1 to A4 were marked. Ex.A1 is the copy of the F.I.R. Ex.A2 is the copy of the post mortem certificate. Ex.A3 is the death certificate. Ex.A4 is the copy of the legal heirship certificate. No oral and documentary evidence was let in on behalf of the appellant/ 2nd respondent before the Tribunal. 5. The Tribunal, considering the occupation and age, fixed the income of the deceased at Rs.3,000/- p.m. of which 1/3 rd was deducted and the annual contribution was taken as Rs.24,000/-. The Tribunal, by adopting 15 multiplier, determined the total loss of pecuniary benefits in a sum of Rs. 3,60,000/- (Rs.24,000/- x 15 = Rs.3,60,000/-). In all, the Tribunal granted the following amounts as compensation with interest at the rate of 7.5% p.a. Sl.No. Head Amount granted by the Tribunal 1 Loss of pecuniary benefits Rs.3,60,000/- 2 Loss of consortium to the wife Rs. 25,000/- 3 Loss of love and affection to the 4 daughters (Rs.25,000/- x 4 = Rs.1,00,000/-) Rs.1,00,000/- 4 Funeral expenses Rs. 5,000/- Total Rs.4,90,000/- 6. The only contention raised by the learned counsel for the appellant is that the multiplier of 15 is on the higher side. The amount granted for loss of love and affection is higher. https://hcservices.ecourts.gov.in/hcservices/ 7. Heard the learned counsel for the respondents, who has stated that except one daughter, other three daughters are unmarried and the husband is left without the company of the wife and he has to take care of the family and get the daughter married and therefore, reasonable compensation granted by the Tribunal need not be disturbed. 8. The deceased in this case was 44 years old and admittedly, she was working as a coolie. Her contribution to the family as a coolie will be available for few years more. The daughters, after marriage, will not be dependents. Considering the same, the proper multiplier, in this case, will be 12 . Therefore, by applying 12 multiplier, the total pecuniary loss will be Rs.2,88,000/- (Rs.24,000/- x 12 =Rs.2,88,000/-). The amount granted for loss of love and affection and loss of consortium is on the higher side and has to be reasonably modified. Therefore, the husband of the deceased will be entitled to a sum of Rs.20,000/- towards loss of consortium and four daughters will be entitled to Rs.20,000/- each as compensation for loss of love and affection on the death of their mother. The sum of Rs.5,000/- granted for funeral expenses is confirmed. The award of the Tribunal stands modified as follows:- Sl.No. Head Amount granted by the Tribunal Amount granted by this Court 1 Loss of pecuniary benefits Rs.3,60,000/- Rs. 2,88,000/- Loss of consortium to the husband Rs. 25,000/- Rs.20,000/- Loss of love and affection to the 4 daughters (Rs.25,000/- x 4 = Rs.1,00,000/-) Rs.1,00,000/- Rs.80,000/- Funeral expenses Rs. 5,000/- Rs. 5,000/- Total Rs.4,90,000/- Rs.3,93,000/- Since the accident happened in the year 2004 and the award was passed in the year 2007, the interest granted at 7.5% is confirmed. 9. In the result, the civil miscellaneous appeal is ordered as follows:- (i) The award of the Tribunal is reduced to Rs.3,93,000/- from Rs.4,90,000/-. (ii) It is stated that entire award amount has already been deposited. Out of the award amount of Rs.3,93,000/-, claimants 3 to 5 are entitled to withdraw a sum of Rs.85,000/- each with interest and claimants 1 and 2 are entitled to withdraw a sum of Rs.69,000/- each with interest and costs. https://hcservices.ecourts.gov.in/hcservices/ (iii) The appellant is entitled to withdraw the excess amount in deposit after settling the claimants. (iv) there shall be no order as to costs. (v) Consequently, M.P. No. 1 of 2008 is closed. 23.10.2008 This case having been posted on Monday the 22nd day of December 2008 for being spoken in the presence of the aforesaid Advocate the Court made the following order:- This matter is listed before this court under the caption for "being spoken to". 2. Heard the counsel for the appellant and the counsel for the respondents 1 to 5 . 3. At the time of typing the final orders, by oversight, it is typed in the cause title of the judgment that respondents 4 and 5/claimants 4 and 5 are declared as major as per order dated 23.10.2008 in M.P.Nos.2 and 3 of 2008. Accordingly, in the result portion all the claimants were permitted to withdraw their share amount. 4. On verification, it is found that as per order dated 23.10.2008 in M.P.Nos.2 and 3 of 2008, the fourth respondent alone was declared as major after discharging the guardian. The counsel for the claimants stated that the apportionment has to be changed in respect of the minor, 5th respondent. Hence the cause title of the judgment and the result portion is corrected as follows:- (A) In the cause title, in the place of "(minor petitioners are declared as major and the guardian is discharged from the guardianship as per order dated 23.10.2008 in MP Nos.2 & 3 of 2008)", the following words are substituted:- "(minor 4th petitioner is declared as major and the guardian is discharged from the guardianship as per order dated 23.10.2008 in M.P.Nos.2 and 3 of 2008)" (B) The result portion paragraph 9(ii) shall be substituted by the following:- "(ii) It is stated that entire award amount has already been deposited. Out of the award amount of Rs.3,93,000/-, the https://hcservices.ecourts.gov.in/hcservices/ husband/first claimant is permitted to withdraw a sum of Rs.50,000/- with proportionate interest and entire costs. Claimants 2 to 4 are permitted to withdraw a sum of Rs.35,000/- each with proportionate interest. The minor 5th respondent/5th claimant is entitled to the remaining sum of Rs.1,38,000/-. (a) The share of the minor 5th respondent/5th claimant shall be invested in any nationalised bank proximate to the place of the residence of the first respondent/first claimant for a period of three years and renewable thereafter till the minor 5th respondent attains majority. The father of the minor, 5th respondent is permitted to withdraw the accrued interest in respect of the share of the minor once in three months directly from the bank and for the said purpose the first respondent/first claimant shall open a savings bank account on the same branch and the interest amount shall be transferred to the account to be maintained by the father. (b) The nationalised bank to which the amount will be deposited, shall intimate to the first respondent of such deposit and confirm the same to the Tribunal that the second and first respondent has been duly informed. The Tribunal to instruct the bank accordingly. (c) Since the deposit is in the case of minor, the Tribunal is directed to send a report containing the details of the deposit to the High Court on such deposit." Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. ts/ra https://hcservices.ecourts.gov.in/hcservices/ To 1. The Motor Accidents Claims Tribunal, (Additional District Judge/ Fast Track Court No.5), Tirupur at Coimbatore. 2. The Section Officer, M.F. Section, High Court, Madras 1 cc to Mr.P.P. Shanmugasundaram, Advocate, SR. 59105 1 cc to Mr.D. Baskaran, Advocate, Sr.59008 C.M.A.No.1513 of 2008 JP (CO) kk 13/2 23.10.2008/ 22.12.2008 https://hcservices.ecourts.gov.in/hcservices/