IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 7.1.2009 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR C.M.A.No.4146 of 2008 and M.P.No.1 of 2008 The Managing Director, The Tamil Nadu State Transport Corporation Ltd., Villupuram Division, Villupuram. ... Appellant/Respondent vs. 1.Kalrayapillai, 2.Govindammal. ... Respondents/Petitioners Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 24.4.2007 passed in M.C.O.P.No.478 of 2005 on the file of the Motor Accidents Claims Tribunal (Sub Court), Gingee. For appellant : Mrs.B.Vijayalakshmi JUDGMENT The Tamil Nadu State Transport Corporation is on appeal challenging the award dated 24.4.2007 passed in M.C.O.P.No.478 of 2005 on the file of the Motor Accidents Claims Tribunal (Sub Court), Gingee. 2. The finding of rash and negligent driving on the part of the driver of the appellant transport corporation bus, who is responsible for the accident and the death and the liability fixed on the appellant transport corporation to compensate the claimants is not disputed by the counsel for the appellant and the same is confirmed. The only contention raised by the learned counsel for the appellant is on the quantum of compensation. 3. It is a case of fatal accident. The brief facts of the case are as follows:- The accident in this case happened on 10.11.2004. The deceased minor Kanaga, a 11 years old girl student, was attempting to board the bus belonging to the appellant transport corporation at a bus stop. The driver of the bus started the vehicle suddenly and in that process, the said Kanaga fell down https://hcservices.ecourts.gov.in/hcservices/ and was ran over by the bus. In that accident, she suffered grievous injuries and died on the way to hospital. The father aged 38 years and the mother aged 32 filed a claim for compensation in a sum of Rs.9 lakhs. 4. In support of the claim, the father of the deceased was examined as P.W.1. One Elumalai, the eye witness to the accident was examined as P.W.2. Exs.A-1 to A-3 were marked, the details of which are as follows:- Ex.A-1 is the copy of F.I.R., Ex.A-2 is the copy of accident register and Ex.A-3 is the copy of post-mortem report. The driver of the appellant transport corporation bus was examined as R.W.1. No document was marked on behalf of the appellant transport corporation, the respondent before the Tribunal. 5. The Tribunal fixed the income notionally at Rs.15,000/- per annum and based on the age of the deceased, adopting multiplier 15 granted a sum of Rs.2,25,000/- (Rs.15,000/- x 15 = Rs.2,25,000/-) as compensation for the death of the child. The Tribunal also granted compensation under conventional heads. In all, the Tribunal granted the following amounts as compensation with interest at 7.5% per annum:- Sl.N o. Head Amount granted by the Tribunal 1 Loss of pecuniary benefits Rs.2,25,000/- 2 Funeral expenses Rs. 10,000/- 3 Expectation of higher studies Rs. 20,000/- Total Rs.2,55,000/- 6. The only contention raised by the counsel for the appellant is on the quantum of compensation, stating that the multiplier of 15 adopted by the Tribunal in a case of 11 years old student is on the higher side and therefore, the compensation has to be reduced. 7. On perusing the award of the Tribunal, this Court is not inclined to interfere with the award on the above contention and to reduce the quantum of compensation for the following reasons:- (i) The accident in this case happened on 10.11.2004. (ii) The deceased was a 11 years old girl student. https://hcservices.ecourts.gov.in/hcservices/ (iii) The Apex Court in Manju Devi and another – vs. - Musafir Paswan and another reported in 2005 ACJ 99 = 2005(1) TAC 609 (SC), granted a sum of Rs.2,25,000/- as compensation on the death of the 12 years old student. In the Apex Court's decision, the accident happened in the year 1999. In this case, the accident happened on 10.11.2004. Hence the quantum of compensation is justified. (iv) The parents losing their child at a tender age is a permanent scar in their life and the grief will linger till their life time. Thus, in a claim for compensation in the case of death, the claimants are granted compensation under conventional heads, like loss of love and affection, funeral expenses and miscellaneous expenses and loss of estate in the case of death of an earning member. The entitlement of the claimants/parents for compensation on conventional heads cannot be disputed. (v) The claimants in this case are father and mother claiming compensation on the death of their daughter. The child is given education in a good school. The parents will expect her to do well in life and their expectation of the bright prospects of their daughter has been shattered due to her untimely death and hence they have to be compensated for loss of love and affection consequent to the death of their child. This will be in addition to compensation on other heads. But, in this case no amount was granted towards loss of love and affection, instead the Tribunal granted a sum of Rs.20,000/- towards loss of expectation of higher studies. Hence, the said amount is adjusted towards loss of love and affection. (vi) The sum of Rs.10,000/- granted towards funeral expenses will include transport as well. 8. Considering the above aspects, the total compensation in a sum of Rs.2,55,000/- is justified as also the interest granted at 7.5% as the accident happened in the year 2004 and the award was passed in the year 2008. 9. Finding no merit, this Civil Miscellaneous Appeal is dismissed at the admission stage. Counsel for the appellant seeks for eight weeks' time to deposit the award amount and is granted and on such deposit, the respondents/claimants are entitled to withdraw the same as per the order of the Tribunal. Consequently, connected miscellaneous petition is closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. https://hcservices.ecourts.gov.in/hcservices/ ts To Subordinate Judge, (The Motor Accidents Claims Tribunal), Gingee. + 1 CC to Mrs.B.Vijayalakshmi,Advocate,SR.NO.859 C.M.A.No.4146 of 2008 JP(CO) EM/4.2.09 https://hcservices.ecourts.gov.in/hcservices/