1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2012 CORAM THE HONOURABLE MRS.JUSTICE S.VIMALA C.M.A(MD)No.1699 of 2010 & M.P.(MD).Nos.1 of 2010 & 1 of 2012 National Insurance Company Limited, 175-A Great Cotton Road, Thoothukudi : Appellant/2nd Respondent Versus 1.B.Kala @ Ponnammal 2.Minor B. Bala Ajitesh 3.K.S.Narayanan : Respondents 1 to 3/Claimants 4.M.Muthramalingam : 4th Respondent/1st Respondent 5.V.S.Venkatesan : 5th Respondent/3rd Respondent (Minor second respondent is rep through his mother and next friend 1st respondent herein) PRAYER : Civil Miscellaneous Appeal is filed to set aside the judgment and decree passed by the Motor Accident Claims Tribunal, Principal District Judge, Thoothukudi in MCOP No.140 of 2008, dated 31.03.2010. For appellant : Mr.D.Sivaraman For Respondents 1 to 3 : Mr.S.Siva Thilakar JUDGMENT As against the claim made for a sum of Rs.60,00,000/-, award has been passed for a sum of Rs.17,55,000/- to the legal representatives of the deceased Balagururaman. 2. The deceased aged 33 years, who was working as Deputy Manager in Marine Container Service(s) Pvt. Ltd., Thoothukudi, earning a sum of Rs.21,000/- per month, died in an accident that took place while he was travelling as a passenger in the car belonging to the first respondent (in the main petition). When the legal representatives (P1 as wife, P2 as Son and P3 and P4 as father and mother of the deceased) claimed a sum of Rs.60,000/- as compensation, the Tribunal quantified the compensation as per the details furnished below;- Loss of income Rs.17,00,000/- Loss of love and affection Rs. 15,000/- Shock and mental agony Rs. 15,000/- Loss of consortium Rs. 20,000/- (to P1) Funeral expenses Rs. 5,000/- Total Rs.17,55,000/- 3. While calculating loss of dependency, the monthly income has been taken at Rs.12,500/- and thus, the annual income would be at https://hcservices.ecourts.gov.in/hcservices/ 2 Rs.1,50,000/-. Adopting multiplier of 17 and deducting 1/3 towards personal expenses of the deceased, loss of dependency has been calculated at Rs.17,00,000/-. 4. It is contended by the appellant that when the deceased was aged 33 years, the proper multiplier is 16 as per the decision reported in 2009 (2) TN MAC 1 (SC) (Sarla Varma v. Delhi Transport Corporation). 4.1 This contention is correct and the multiplier to be adopted is only 16. Therefore, when the annual contribution has been arrived at Rs.1,50,000, adopting multiplier of 16 and deducting 30% towards personal expenses, the loss of dependency would be Rs.16,80,000/- (1,50,000 X 16 X 7/10). 5. The next contention of the learned counsel for the appellant is that some amount has to be deducted towards income tax. Deducting, 10% towards income tax, the loss of income would be at Rs.15,12,000/-. The amount awarded towards mental shock is unsustainable and it is set aside. Rs.45,000/- (Rs.15,000/- each to P2, to P4) is awarded towards loss of love and affection and Rs.25,000/- is awarded towards loss of consortium and Rs.10,000/- is awarded towards funeral expenses. Thus, the total compensation would be at Rs.15,92,000/-. 6. In the result, the appeal is partly allowed reducing the compensation from Rs.17,55,000/- to Rs.15,92,000/- (Rupees fifteen lakhs ninty two thousand only). The insurance company shall deposit the entire award amount of Rs.15,92,000/- along with interest at the rate of 7.5% from the date of petition till the date of deposit, within a period of 8 weeks from the date of receipt of a copy of this order, less the amount already deposited. On such deposit being made, the major claimants are entitled to withdraw their share as per the ratio apportioned by the Tribunal. The share of the minor claimant shall be kept in a bank deposit till he attains majority and the mother/the first respondent is permitted to withdraw the interest amount once in three months for the benefit and welfare of the minor claimant. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To: The Principal District Judge, Motor Accident Claims Tribunal, Thoothukudi. +1 CC to Mr.D.Sivaraman, Advocate (SR.No.20132) +1 CC to Mr.S.Siva Thilakar, Advocate (SR.No.20081) C.M.A(MD)No.1699 of 2010 & M.P.(MD).Nos.1 of 2010 & 1 of 2012 JIKR 25.06.2012 NSV 3.10.12/2P/4C https://hcservices.ecourts.gov.in/hcservices/