IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.10.2008 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR C.M.A.No.1814/1999 1.S.Jayaraman Proprietor of S.S.P. Bus Nagapattinam Town 2.The Branch Manager United India Insurance Co. Ltd., Neela South Veedhi, Nagapattinam Town Munsif & District. ... Appellants/Respondents 1 and 2 vs. 1.Savithiri 2.Minor Mehala 3.Minor Kathiravan 4.Minor Amirjothi ... Respondents/Petitioners [Minor 2 to 4 are represented by their mother and next friend Savithiri-1st respondent] Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and decree in MCOP.No.67/98 dated 22.1.1999 on the file of the Motor Accident Claims Tribunal [Additional District Judge] at Nagapattinam. For appellants : Mr.T.M.Venakataraman For respondents : No appearance JUDGMENT The owner of the bus and the Insurance company has filed this appeal challenging the award dated 22.01.1999 passed in O.P.No.67/98 on the file of the Motor Accidents Claims Tribunal, Additional District Judge at Nagapattinam. 2. It is a case of fatal accident. The accident in this case happened on 29.10.1997 The deceased Selvaraj along with one Kalaiselvan was standing with his cycle in front of a tea stall in https://hcservices.ecourts.gov.in/hcservices/ Pappakoil Main Road. At that time, the bus owned by the first appellant, insured with the 2nd appellant, driven by the driver in a rash and negligent manner, hit the deceased Selvaraj. In that accident, he sustained grievous injuries and died. On the death of the deceased Selvaraj, the wife, age not known, minor daughter aged 7 years, minor son aged 6 years and another minor daughter aged 2 years filed a claim petition for a sum of Rs.5,01,000/- stating that the deceased was earning Rs.200/- per day from fish business. 3.In support of the claim, the wife of the deceased was examined as P.W.1, Kalaiselvan was examined as P.W.2. Ex.P.1 is the copy of the F.I.R. Ex.P.2 is the copy of the Post-mortem Certificate; Ex.P.3 is the Returned copy application filed before the Judicial magistrate's court, Nagapattinam; Ex.P.4 is the Copy of the Motor Vehicles Inspector's Report; Ex.P.5 is the VAO certificate; Ex.P.6 is the returned copy application filed before the Judicial Magistrate's court, Nagapattinam and Ex.P.7 is copy of the Accident Register. 4.Considering the facts and circumstances of the case, the Tribunal in this case, awarded a sum of Rs.3,50,000/- as compensation with interest at the rate of 12% p.a. 5.The finding of negligence on the part of the driver of the bus owned by the first appellant and the liability of the Insurance company/2nd appellant to compensate the claimants is not seriously disputed by the learned counsel for the appellants and therefore, such finding is confirmed. The only contention raised by the learned counsel for the appellants is with regard to the quantum of compensation which was decided by the Tribunal in paragraph 14 and 15 in answer to point No.3. 6.According to the claimants, the deceased was doing fish business and was earning Rs.200/- per month. As per the postmortem certificate, the age of the deceased was fixed as 33 years. The Tribunal was of the view that the contribution of the deceased to the family per month would be at least Rs.1,000/- and it adopted 16 multiplier and fixed the pecuniary loss to the dependents at Rs.2 lakhs. In addition to the above, a sum of Rs.50,000/- was granted to the claimants for loss of the precious life of the deceased. The first respondent/wife who lost her husband at a very young age, was granted Rs.25,000/- towards loss of consortium and prolonged mental agony. Minors were granted Rs.25,000/- each towards loss of love and affection stating that if the deceased was alive, he would have given them education and care and love of their father was lost at the tender age. The tribunal, in all, awarded Rs.3,50,000/- with 12% interest per annum. https://hcservices.ecourts.gov.in/hcservices/ 7.The appellants has filed the present appeal challenging the award of Rs.50,000/- towards the loss of precious life and Rs.25,000/- towards the mental agony. The appeal was admitted on 10.12.1999 and notice was ordered. However, at the time of final hearing, there is no appearance on the part of the respondents either in person or through their counsel. Hence, the appeal is taken up for disposal on merits. 8.In this case, the contribution to the family consisting of wife and three minor children, was taken as Rs.1,000/- per month. Considering the period of accident which happened in the year 1997 the contribution is not seriously disputed. 9.The contention of the learned counsel for the appellants that the sum of Rs.50,000/- for loss of precious life and Rs.25,000/- for mental agony is excessive, has some credence. When compensation by way of pecuniary loss to the dependents is suitably granted, the question of granting the claimants once again towards loss of precious life or mental agony does not arise. Therefore, a sum of Rs.50,000/- granted towards loss of precious life and Rs.25,000/- towards mental agony is set aside. However, the wife is entitled to compensation for loss of consortium. Accordingly, the award of the Tribunal is modified as follows:- Sl.N o Head Amount granted by the Tribunal Amount granted by this court 1 Loss of Pecuniary benefits Rs.2,00,000/- Rs.2,00,000/- 2 For prolonged mental agony to the wife Rs. 25,000/- ----- 3 Loss of consortium to the wife ----- Rs. 25,000/- 4 Loss of love and affection to the 3 minor children (Rs.25,000/- each) Rs. 75,000/- Rs. 75,000/- 5 Loss of precious Life Rs. 50,000/- ----- 6 Funeral Expenses ----- Rs. 2,000/- Total Rs.3,50,000/- Rs.3,02,000/- Since the accident happened in the year 1997 and the award is of the year 1999, the interest granted by the Tribunal at 12% stands confirmed. 10.In the result, the Civil Miscellaneous Appeal is allowed in part as follows:- https://hcservices.ecourts.gov.in/hcservices/ [1]The award of the Tribunal is reduced to Rs.3,02,000/- from Rs.3,50,000/-. [2]The interest granted by the Tribunal at 12% stands confirmed. [3]It is stated that entire award amount has been deposited. As per the order dated 20.10.2000, the wife/1st claimant was permitted to withdraw 50% of her share amount. The claimants are entitled to the award amount as ordered by this court as follows:- Wife/1st Claimant Rs.80,000/- with proportionate interest and entire cost as awarded by the Tribunal. Daughters/claimants 2 and 4 Rs.1,60,000/- with accrued (Rs.80,000/- each) interest Son/3rd claimant Rs.62,000/- with accrued interest [4]The wife of the deceased, first Claimant is entitled to withdraw the amount as mentioned above less the amount already withdrawn by her. [5]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 1st respondent/1st 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 1st respondent/1st 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. [6]The Nationalised bank to which the amount will be deposited, shall intimate to the 1st respondent/1st claimant of such deposit and confirm the same to the Tribunal that the 1st claimant has been duly informed. The tribunal to inform the bank accordingly. [7]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. [8]The appellant insurance company is entitled to withdraw the balance amount in deposit with accrued interest after settling the claimants. https://hcservices.ecourts.gov.in/hcservices/ [9]There will be no order as to cost. [10]Consequently, connected miscellaneous petition, if any, is closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. ap To 1.The Motor Accidents Claims Tribunal Additional District Judge, Nagapattinam. Copy to The Record Keeper, Section Officer, High Court, Madras. 1 cc to Mr.K.s. Narasimhan, Advocate, SR. 58924 C.M.A.No.1814/1999 SSN (CO) kk 3/12 https://hcservices.ecourts.gov.in/hcservices/