1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2011 C O R A M THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL MISCELLANEOUS APPEAL No.815 of 2011 and MISCELLANEOUS PETITION No.1 of 2011 The Managing Director, Tamil Nadu State Transport Corporation, Madurai Division – 2, Madurai. .. Appellant/Respondent Vs. 1.Muthuvazhagappan 2.Ramuthai 3.Minor Suresh Kannu (Minor third respondent is represented through his father and guardian viz., first respondent) .. Respondents/Claimants Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the award dated 13.04.2007 passed in M.C.O.P.No.301 of 2003 by the Motor Accidents Claims Tribunal/Principal District Court, Ramanathapuram. For Appellant .. Mr.M.Prakash For Respondents .. Mr.M.Subash Babu JUDGMENT This Civil Miscellaneous Appeal has been directed against the award dated 13.04.2007 passed in M.C.O.P.No.301 of 2003 by the Motor Accidents Claims Tribunal/Principal District Court, Ramanathapuram. 2. The respondents 1 to 3 herein as petitioners have filed M.C.O.P.No.301 of 2003 on the file of the Motor Accident Claims Tribunal praying to pass an award of Rs.5,00,000/- by way of compensation, wherein the present appellant has been shown as sole respondent. 3. It is stated in the petition that on 29.01.2003 at about 06.45 p.m., the deceased Madasamy along with his friend viz., Gokulnath have travelled in the bus bearing Registration No.TN-58-N-0014. On the same day at about 07.05 p.m., the driver of the bus has driven the same in rash and negligent manner and thereby caused accident. Due to accident, the deceased has sustained fatal injuries and subsequently he passed away and since the accident has happened due to rash and negligent driving of the driver of the respondent, the petitioners are entitled to get compensation as claimed in the petition. 4. In the counter filed on the side of the respondent it is stated that the deceased has travelled by way of standing on footboard of the bus, which involved in the accident and therefore he himself invited the https://hcservices.ecourts.gov.in/hcservices/ 2 accident and there is no merit in the petition and the same deserves to be dismissed. 5. On the basis of the divergent evidence available on record the Motor Accidents Claims Tribunal has awarded Rs.2,82,800/- by way of compensation. Against the quantum awarded by the Motor Accident Claims Tribunal, the present Civil Miscellaneous Appeal has been preferred at the instance of the respondent as appellant. 6. The learned counsel appearing for the appellant/respondent has not touched the factum and manner of accident and the only grievance expressed on the side of the appellant/respondent is that the Motor Accidents Claims Tribunal has fixed Rs.2,500/- by way of monthly income of the deceased and the deceased is nothing, but a bachelor and he would not have earned Rs.2,500/- and further as per the decision in Sarla Verma and Others v. Delhi Transport Corporation and Another reported in (2009)4 MLJ 997 (SC), 50% of monthly income should be deducted towards personal expenses and the same has not been done by the Motor Accidents Claims Tribunal and therefore the award passed by the Motor Accidents Claims Tribunal is liable to be modified. 7. It is an admitted fact that the Motor Accidents Claims Tribunal has fixed Rs.2,500/- by way of monthly income of the deceased. Considering the fact that the deceased is aged about 23 and also considering that he studied in Law College at the time of accident, this Court is of the view to fix Rs.3,000/- per mensum. As per the decision referred to supra, since the deceased is a bachelor, 50% should be deducted towards his personal expenses and in that way it comes to Rs.1,500/- and yearly it comes to Rs.18,000/-. The Motor Accidents Claims Tribunal has adopted 13 multiplier and no grievance has been expressed with regard to multiplier adopted by the Motor Accidents Claims Tribunal and in that way it comes to Rs.2,34,000/-. The Motor Accidents Claims Tribunal has awarded Rs.2,000/- towards funeral expenses and the Motor Accidents Claims Tribunal has not awarded anything towards love and affection. The amount awarded by the Motor Accidents Claims Tribunal towards funeral expenses is nothing, but a meagre amount and therefore Rs.10,000/- can be awarded towards funeral expenses and Rs.10,000/- can be awarded towards love and affection and in aggregation the petitioners are entitled to get Rs.2,54,000/- by way of compensation and to that extent the award in question is liable to be modified. 8. In fine, this Civil Miscellaneous Appeal is allowed in part without costs and the award passed in M.C.O.P.No.301 of 2003 by the Motor Accident Claims Tribunal/Principal District Court, Ramanathapuram is modified as follows: The respondents/petitioners are entitled to get Rs.2,54,000/- by way of compensation. In other aspect, the award passed by the Motor Accident Claims Tribunal is confirmed. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar (A.S) /True Copy/ Sub Assistant Registrar (C.S) https://hcservices.ecourts.gov.in/hcservices/ 3 To The Principal District Judge, Motor Accident Claims Tribunal Ramanathapuram. + 1 cc to Mr.M.Subash Babu, Advocate, SR No.24550 + 1 cc to Mr.M.Prakash, Advocate, SR No.24699 C.M.A(MD)No.815 of 2011 and M.P(MD)No.1 of 2011 25.07.2011 smn RJ/16.8.11 3p/4c https://hcservices.ecourts.gov.in/hcservices/