1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2011 CORAM: THE HONOURABLE Ms.JUSTICE K.B.K.VASUKI C.M.A(MD)No.450 of 2011 1. Lakshmi 2. M.Perumal ... Appellants /Claimants .Vs. M/s. Tamil Nadu State Transport Corporation, represented by its General Manager, Tirunelveli. ... Respondent/Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1998 against the award dated 27.03.2010 made in M.A.C.O.P.No.500 of 2008, on the file of the Motor Accidents Claims Tribunal(Additional District and Sessions Court/Fast Track Court), Dindigul. For Appellants : M/s.C.Selvaraj For Respondent : M/s.M.Prakash JUDGMENT The appeal for enhancement of compensation is filed by the claimants 1 and 2, who are none else than the parents of one Pitchai, who was the victim of fatal accident occurred at 5.00 p.m. on 15.05.2008 due to rash and negligent driving of the respondent/transport corporation bus. No appeal is filed by the respondent/corporation against the award of Rs.2,72,000/- with interest at 7.5% p.a., whereas, the present appeal is filed by the claimants 1 and 2 for enhancement of compensation by disputing the fixation of monthly income at Rs.3,000/- p.m. for the deceased and deduction of 50% of the same towards his personal expenses for the purpose of assessing the loss of dependency of the claimants. 2. The learned counsel for the appellant would by relying upon the oral evidence of P.W.3 and Ex.P4-Salary Certificate issued by P.W.3 in his capacity as the owner of Sri Balaji Screen Printers, contended that the deceased was employed as Tailor in his firm for monthly income of Rs.7,000/-p.m. at Thirupur and there is no reason to reject the oral evidence of P.W.3 and Ex.P4-Salary Certificate issued by P.W.3 and the Tribunal ought to have hence fixed the monthly income of the deceased at Rs.7,000/-p.m. and ought to have accordingly assessed the monthly contribution to the family and loss of dependency of the claimants. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Per contra, the learned counsel for the respondent/transport corporation would try to defend the fixation of monthly earning of the deceased at Rs.3,000/- and the quantum of compensation awarded by the Tribunal on that basis. 4. Heard the submissions made on both sides. 5. The claimants have in the claim petition stated that the deceased was aged 25 years at the time of accident and was employed as Tailor in Sri Balaji Screen Printers, Thirupur for monthly income of Rs.7,000/- and he was the elder son and only earning member in the family and was supporting the entire family comprising of six members (i.e., parents, younger brothers and sisters) and on account of his sudden demise, the entire family is deprived of their only source of livelihood and are put to untold sufferings. The same is denied in the counter statement by calling upon the claimants to prove the age, avocation and monthly income of the deceased. Accordingly, P.W.3 said to be the owner of Sri Balaji Screen Printers was brought into the witness-box and Ex.P4-Salary certificate is produced through him. As per Ex.P4, the deceased was employed as Tailor in their concern for monthly salary of Rs.7,000/-p.m. In my considered view, though the oral evidence of P.W.3 can be to greater extent relied upon regarding the nature of employment of the deceased and the oral evidence of P.W.3 and Ex.P4-Salary Certificate issued by P.W.3 cannot be solely relied upon to accept the theory regarding the monthly earning of the deceased. P.W.3 has except producing Ex.P4-Certificate failed to produce any other document such as attendance Register and Wage Register being admittedly, maintained by the company to prove the income and employment of the deceased. Though he is an assessed of income-tax, income-tax returns which contains the salary particulars of the employers of the company is not made available before this Court. On his failure to do so, no serious reliance can be placed on the oral evidence of P.W.3 and Ex.P4-Salary Certificate issued by P.W.3. But considering the age of the deceased, nature of his job, place on which he is employed and the probability of rise in his earning in the near future, this Court is inclined to fix the monthly income of the deceased at Rs.5,000/-p.m. and Rs.60,000/-p.a. and considering the number of family members inclined to deduct one third of the same towards his personal expenses and in that event, multiplicand to be adopted is Rs.40,000/-p.a. Considering the age of the claimants, particularly, the mother of the deceased and the fact that there will be reduction in the family contribution after he gets married had he been alive the multiplier to be adopted in this case is '12' as against '14' adopted by the Tribunal and the total loss of dependency is assessed at Rs.40,000x12= Rs.4,80,000/- with which is to be added Rs.5000/- for funeral expenses and Rs.20,000/- for loss of love and affection and the total compensation is thus arrived at Rs.5,05,000/- and the same is payable with interest at 7.5% from the date of claim petition till the date of payment. https://hcservices.ecourts.gov.in/hcservices/ 3 6. In the result, the award, dated 27.03.2010 made in M.C.O.P.No.500 of 2008, on the file of the Motor Accidents Claims Tribunal(Additional District and Sessions Court/Fast Track Court), Dindigul is enhanced by awarding a sum of Rs.5,05,000/- with interest at 7.5% from the date of claim petition till the date of payment and the same is payable within two months from the date of receipt of the copy of the order by the respondent/transport corporation. Out of the total compensation amount, the claimants 1 and 2 are entitled to a sum of Rs.3,05,000/- and Rs.2,00,000/-respectively. On such deposit of the amount into court, the claimants 1 and 2 are permitted to withdraw Rs.1,05,000/- and Rs.1 lakh respectively with proportionate interest and costs and the balance sum shall be invested in Fixed Deposit, in any one of the nationalised banks, for three years and the claimants 1 and 2 are permitted to withdraw the future interest accrued on the above Fixed Deposits, once in three months, directly from the bank. The Civil Miscellaneous Appeal is accordingly disposed of. No costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To The Motor Accidents Claims Tribunal, (Additional District and Sessions Judge /Fast Track Court), Dindigul. +1cc to Mr.C.Selvaraj, Advocate, Sr.No.18626 +1cc to Mr.Prakash, Advocate, Sr.No.18652 C.M.A(MD)NO.450 of 2011 vsn SMA/14.7.2011/4C/3P 16.06.2011 https://hcservices.ecourts.gov.in/hcservices/