1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2011 CORAM: THE HONOURABLE MS.JUSTICE K.B.K.VASUKI C.M.A.(MD)No.626 of 2011 and M.P.(MD)No.2 of 2011 The Branch Manager, The Oriental Insurance Company Limited, No.1, Layolo Buildings, 1st Floor, Salai Road, Dindigul, Dindigul District. ... Appellant Vs. 1. M.Duraipandian 2. M.Maveeran 3. Mythili 4. M/s Naga Mills Limited, No.1, Tiruchy Road, Dindigul, Dindigul District. ... Respondents PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 04.08.2010 made in M.C.O.P.No. 684 of 2009 on the file of the Motor Accident Claims Tribunal, Additional District and Sessions Judge, Fast Track Court, Dindigul. For Appellant : Mr.C.Ramachandran For Respondents 1 to 3 : Mr.A.Natarajan * * * * J U D G M E N T This Civil Miscellaneous Appeal is filed by the insurer of the offending vehicle against the award of compensation dated 04.08.2010 made in M.C.O.P.No.684 of 2009, on the file of the Motor Accident Claims Tribunal/Additional District and Sessions Judge, Fast Track Court, Dindigul in favour of the husband, major son and daughter of one Dhanam, who died in the accident occurred at 7.50 a.m. on 04.07.2009 near Chathirapatti branch road on Karur-Dindigul main road. The date, time and place and manner of the accident as due to the rash and negligent driving of Tata Indica Car owned by the first respondent and insured with the second respondent in the claim petition leading to the death of Dhanam and resulting in injuries to her husband, who was the rider of the two wheeler having his wife as pillion rider, the age and relationship of the deceased and the claimants are not so seriously denied. The Tribunal has, considering the fact that the deceased was as house wife taking care of entire domestic affairs of the family consisting of herself, her husband and two major sons and daughter, fixed her contribution to the family in terms of money at Rs.3,000/-p.m. and https://hcservices.ecourts.gov.in/hcservices/ 2 Rs.36,000/-p.a. and having regard to her age at 37 years adopted the multiplier of "15" and assessed the loss of dependency of the claimants at Rs.5,40,000/- and by adding Rs.5,000/- for funeral expenses, Rs.10,000/- for medical expenses and Rs.15,000/- for loss of love and affection and awarded total compensation of Rs.5,70,000/-. 2. While the second respondent/insurer has questioned the correctness of the quantum of compensation on the ground of non-deduction of 1/3rd amount towards the personal expenses of the deceased, the learned Counsel for the claimants has sought enhancement of the compensation on the ground of non-award of any amount for loss of consortium to the husband and award of lesser compensation for loss of love and affection. 3. Regarding the first aspect, it is true that the Tribunal has, by relying upon the judgments of Rajasthan and Delhi High Courts, not deducted any amount towards personal expenses of the deceased who was a house wife. The learned Counsel for the respondents/claimants have also in the course of argument cited the Division Bench judgment of our High Court reported in (2009)6 MLJ 1005 in National Insurance Company Limited Vs. Minor Deepika in support of the finding rendered by the Tribunal that no amount need to be deducted towards the personal expenses of the house wife. In my considered view, the finding so rendered by the Tribunal appears to be legally unsustainable. The Division Bench judgment of our High Court cited above has in para 14 observed that normally some amount towards personal expenses shall be deducted for the personal expenses of the deceased house wife. In the case dealt with by the Division Bench of our High Court, no amount for personal expenses is deducted, but our High Court has, in para 14 of its judgment, explained the peculiar circumstances under which no amount is deducted towards personal expenses in the case therein. Whereas no such peculiar circumstance is available in the instant case. Hence the Tribunal has erred in not deducting any amount towards personal expenses of the deceased as laid down by the Apex Court in its judgment reported in 2009(2) TNMAC 1 (SC) in Smt.Sarla Verma .vs. Delhi Transport Corporation and another. In that event, the dependency of the claimants has to be assessed by adopting the multiplicand and multiplier of Rs.24,000/-p.a. x 15 = Rs.3,60,000/- and the total compensation to be awarded in the instant case is as follows: Loss of dependency : Rs.3,60,000/- Funeral expenses : Rs. 5,000/- Medical Bills : Rs. 10,000/- Loss of consortium to the first claimant : Rs. 20,000/- Loss of love and affection to the claimants 1 to 3 : Rs. 30,000/- --------------- Total : Rs.4,25,000/- --------------- and the same is payable with interest at 7.5% per annum from the date of claim petition till the date of realization. 4. In the result, the award dated 04.08.2010 made in M.C.O.P.No.684 of 2009 on the file of the Motor Accident Claims Tribunal, Additional https://hcservices.ecourts.gov.in/hcservices/ 3 District and Sessions Judge, Fast Track Court, Dindigul is modified by awarding a sum of Rs.4,25,000/-(Rupees Four Lakhs and Twenty Five thousand only) with costs and interest at 7.5% per annum from the date of petition till date of payment payable by the insurer on behalf of the insured within two months from the date of receipt of the copy of this order. Out of the total compensation amount, the claimants 1 to 3 are entitled to get Rs.1,75,000/-, Rs.1,25,000/- and Rs.1,25,000/- respectively. On such deposit of the amount into the Court, the claimants 1 to 3 are permitted to withdraw 50% of the amount allotted to them with proportionate costs and interest. The balance amount shall be invested in any one of the nationalized banks for a period of three years and the claimants 1 to 3 are permitted to withdraw future interest accrued on such deposits once in three months directly from the bank. The excess amount if any shall be refunded to the Insurance Company. This Civil Miscellaneous Appeal is accordingly disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar (C.S) To The Motor Accident Claims Tribunal, The Additional District and Sessions Judge, Fast Track Court, Dindigul. + 1 cc to Mr.C.Ramachandran, Advocate, SR No.18020 + 1 cc to Mr.P.Natarajan, Advocate, SR No.18238 C.M.A.(MD)No.626 of 2011 and M.P.(MD)No.2 of 2011 13.06.2011 ssl RJ/3.10.11 3p/4c https://hcservices.ecourts.gov.in/hcservices/