IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.11.2008 CORAM:- THE HON'BLE MR. JUSTICE R. SUDHAKAR C.M.A.No. 2214 of 2008 The Managing Director, Tamil Nadu State Transport Corporation Ltd., Kumbakonam. .. Appellant/2nd respondent Vs. 1.Thamizhmalar 2.Minor Renuisir 3.Minor Ganesa Raja 4.MinorKarthikeyan 5.Sedoummalle 6.Mutharasau (given up) .. Respondents/petitioners/ I respondent (R2 to R4 minors rep. by their mother and next friend Thamizhmalar) Appeal filed under Section 173 of the M.V.Act against the award and decree dated 30.6.2006 in MACTOP No. 238 of 2004 on the file of the Motor Accident Claims Tribunal, Karaikal. For Appellant : Mr. N. Anand For Respondents : Mr. Bharath for M/s. Sai, Bharath, Ilan. JUDGMENT The State Transport Corporation has filed this appeal challenging the award dated 30.6.2006 in MACTOP No. 238 of 2004 on the file of the Motor Accident Claims Tribunal, Karaikal. 2. It is a case of fatal accident. The accident in this case happened on 18.4.2004. The deceased Marimuthu, aged about 46 years working as a bill collector Gr.I, in Karaikkal Municipality was riding a TVS 50 moped when he was hit by the bus belonging to the appellant transport corporation. In that accident, he suffered severe head injury https://hcservices.ecourts.gov.in/hcservices/ and was taken to General Hospital, Karaikkal. Inspite of medical treatment, he died. A case was registered in Cr. No. 75 of 2004 against the driver of the transport corporation bus. The wife aged 40 years, one minor daughter aged 14 years, two minor sons aged 11 and 9 years respectively and the mother are the claimants. They claimed a sum of Rs.15,00,000/- as compensation stating that the income of the deceased was Rs.6,102/- p.m. It is also claimed that the deceased was a Temple Poosari at Karaikkal and was earning Rs.1,200/- p.m. 3. To support the claim petition, the wife was examined as P.W.1. One Shanmugam, the eye witness, was examined as P.W.2. Documents Exs. A1 to A15 were marked. The relevant documents are Ex.A10 to A17. Ex.A10 is the family ration card. Ex.A11 is the copy of the accident inspection report. Ex.A12 is the pay slip issued by Karaikal Municipality. Ex.A14 and 15 are the medical bills. Ex.A16 is the salary slip issued by panchayatdars. Ex.A17 is the pay slip issued by Karaikal Municipality. 4. The claimants supported their plea of rash and negligent driving on the part of the driver of the bus by letting in oral and documentary evidence, in particular the evidence of P.W.2 an auto driver. The appellant transport corporation/ 2nd respondent did not produce any rebuttal evidence. They simply deny the accident. The Tribunal came to the conclusion that the death of Marimuthu was due to the rash and negligent driving on the part of the driver of the appellant transport corporation bus. In the absence of oral and documentary evidence on behalf of the appellant/ 2nd respondent, the finding of negligence on the part of the driver of the transport corporation bus and the liability fixed on the appellant transport corporation to compensate the claimants stands confirmed. 5. The Tribunal decided the issue relating to compensation in paragraph 9 onwards in answer to point No.2. The age of the deceased was fixed as 46 years based on the birth certificate Ex.A6. This is not in dispute. The pay slip issued by the Karaikal Municipality was marked as Ex. A13 wherein the salary stated is Rs.6,102/- for the month of February 2004. Considering the long period of service that remains, the Tribunal fixed the salary of the deceased at Rs.8125/-. Taking into consideration, the future prospects, the Tribunal adopted 13 multiplier and fixed the total pecuniary loss in a sum of Rs.12,67,500/- (Rs.8125/- x 12 x 13 = Rs.12,67,500/-) Thereafter, by adopting unit method and deducting some amount towards personal expenses of the deceased, a sum of Rs.9,85,834/- was fixed as loss of pecuniary benefits to the dependents. In all, the Tribunal granted the following amounts as compensation with interest at the rate of 7.5% p.a. https://hcservices.ecourts.gov.in/hcservices/ Sl.No. Head Amount granted by the Tribunal 1 Loss of pecuniary benefits Rs.9,85,834/- 2 Loss of consortium Rs. 5,000/- 3 Loss of love and affection Rs. 5,000/- 4 Funeral expenses Rs. 2,500/- Total Rs.9,98,834/- 6. Learned counsel for the appellant contended that the income of the deceased taken at Rs.8125/- is on the higher side and the multiplier of 13 in the case of death of 46 years bill collector is on the higher side and therefore, the compensation has to be reduced. He stated that the amount to be deducted on account of the personal expenses of the deceased will be much more than what has been deducted by the Tribunal, if the unit method is not adopted. 7. Assuming that the income of the deceased is Rs.8,125/- and 1/3rd towards personal expenses is deducted, the dependency will be Rs.5400/-p.m. and the annual dependency will be Rs.64,800/-. The total pecuniary loss by adopting 13 multiplier will be Rs.8,42,400/- as against Rs.9,85,834/- granted on this head. Hence the plea for reduction of the compensation. 8. Learned counsel for the claimant on the other hand stated that the deceased was in hospital for three days. For pain and suffering and mental agony, some amount has to be granted. Meager amount has been granted towards loss of love and affection to the wife and children. He justified the total compensation. 9. The accident in this case happened in the year 2004. The deceased was 46 years old and the income was Rs.6,102/-. He had nearly 14 years of service and therefore, the Tribunal was justified in increasing the income marginally which is equvalant to 1/4th of the last drawn pay. The only error as pointed out by the learned counsel for the appellant is that the Tribunal by adopting unit method, deducted a lesser amount towards personal expenses of the deceased. If that can be rectified by deducting a sum equal to 1/3rd towards personal expenses, the award can be justified. 10. Accordingly, after deducting 1/3rd towards personal expenses, the dependency will be Rs.5,417/- (8125/- - Rs.2708/- =Rs.5417/- ) and the total loss of pecuniary benefits will be Rs.8,45,000/- (Rs.5,417/- x 12 x 13 = Rs.8,45,052/- rounded to Rs.8,45,000/-). The wife will be entitled to a sum of Rs.10,000/- towards loss of consortium and the three minor children will be entitled to Rs.10,000/- each towards loss of love and affection on the death of https://hcservices.ecourts.gov.in/hcservices/ the father and the mother will be entitled to Rs.7,500/- towards loss of love and affection. A sum of Rs.5,000/- granted towards funeral expenses and Rs.2,500/- granted towards loss of estate are confirmed. Accordingly, the award of the Tribunal is modified as follows:- Sl.No. Head Amount granted by the Tribunal Amount granted by this Court 1 Loss of pecuniary benefits Rs.9,85,834/- Rs.8,45,000/- 2 Loss of consortium and loss of love and affection Rs. 5,000/- ---- 3 Loss of consortium --- Rs. 10,000/- 4 Loss of love and affection to the three children (each Rs.10,000/-) and mother Rs.7,500/-) --- Rs. 37,500/- 5 Funeral expenses Rs. 5,000/- Rs. 5,000/- 6 Loss of estate Rs. 2,500/- Rs. 2,500/- Total Rs.9,98,334/- Rs.9,00,000/- 11. Since the accident happened in the year 2002 and the award was granted in the year 2006, the interest granted by the Tribunal at 7.5% p.a. is confirmed. 12. In the result, the civil miscellaneous appeal is partly allowed as follows:- (1) The Award of the Tribunal is reduced to Rs.9,00,000/- from Rs.9,98,334/-. (ii) Learned counsel for the appellant seeks eight weeks time to deposit the award amount and the same is allowed. On such deposit, except the minors, other claimants are entitled to withdraw the amount. (iii) Out of the award amount of Rs. 9,00,000/-, the wife of the deceased, viz., respondent No.1/claimant No.1 is entitled to withdraw a sum of Rs. 2,00,000/- together with interest and cost. (iv) The minor son and daughters of the deceased, viz., respondent No.2to 4 / claimant No.2to 4 , are entitled to a sum of Rs.2,00,000/- each together with interest. https://hcservices.ecourts.gov.in/hcservices/ (v) The mother of the deceased, viz., respondent No.5/claimant No.5 is entitled to withdraw the balance sum of Rs.1,00,000/- with interest. (vi) The share of the minors respondents 2 to 4/ claimants 2 to 4 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 attains majority. The mother of the minors is permitted to withdraw the accrued interest in respect of the share of the minors 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 mother. (vii) The nationalised bank to which the amount will be deposited, shall intimate to the first respondent/first claimant of such deposit and confirm the same to the Tribunal that the first claimant has been duly informed. The Tribunal to inform the bank accordingly. (viii) Since the deposit is in the case of minors, the Tribunal is directed to send a report containing the details of the deposit to the High Court on such deposit. (ix) There will be no order as to cost. (x) Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ra To The Motor Accident Claims Tribunal, Karaikal. 1 cc To M/s.Sai, Bharath & Ilan, Advocate, SR.64298. 1 cc To Mr.N.Anand, Advocate, SR.64950. CMA No. 2214 of 2008 NM(CO) RVL 28.01.2009 https://hcservices.ecourts.gov.in/hcservices/