1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2011 CORAM: THE HONOURABLE Ms.JUSTICE K.B.K.VASUKI C.M.A(MD)No.577 of 2011 and M.P.(MD)No. 1 of 2011 The Managing Director, Tamil Nadu State Transport Corporation (Division-IV), Dindigul. ... Appellant/Respondent Vs. 1. Shanthi 2. Mohana, minor, 3. Vijayapuri, minor, 4. S.Subramani 5. Rengammal ... Respondents/Claimants PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1998 against the award dated 24.03.2005 made in M.A.C.O.P.No.141 of 2001, on the file of the Motor Accidents Claims Tribunal/Sub Court, Palani. For Appellants : M/s.Rajinish Pathiyil JUDGMENT The respondent/State Transport Corporation is the appellant herein. The appeal is filed against the award of compensation of Rs.4,15,000/- payable with interest at 6% p.a. in favour of the wife, minor children, parents of one Vaiyapuri, who is the victim of the fatal accident occurred at 8.00 p.m. on 06.04.2001 just opposite to Viveka Matriculation School on Palani-Dindigul Road by being bit by the State Transport Corporation bus driven rashly and negligently by its driver. The Insurance Company has in this appeal not denied the date, time, place, manner of accident,the age of the deceased and claimants, the relationship between the deceased and the claimants and their dependency. What is denied herein is the quantum of compensation mainly by questioning the award of compensation of Rs.4,08,000/- for loss of income and loss of dependency of the claimants. 2. The perusal of the records would reveal that thep deceased was at the time of accident was aged 33 years and was earning his livelihood as barber. Considering the age and the avocation of the deceased the Tribunal has fixed his monthly income as Rs.3000/-p.m. and Rs.36,000/- p.a. and after deducting one third amount towards his https://hcservices.ecourts.gov.in/hcservices/ 2 personal expenses, the multiplicand is taken as Rs.24,000/- and by applying multiplier of '17' as specified in the second schedule for the age group of the deceased loss of income and loss of dependency is assessed at Rs.4,08,000/-. In my considered view the same cannot be said to be on higher side and no reason is made out by the appellant/Transport Corporation to entertain this appeal on merits and the appeal is hence liable to be rejected at the admission stage itself. 3. In the result, the Civil Miscellaneous Appeal is dismissed, confirming the award dated 24.03.2005 made in M.A.C.O.P.No.141 of 2001, on the file of the Motor Accidents Claims Tribunal(Sub Court), Palani. The appellant/State Transport Corporation is directed to deposit the amount into court, if not deposited till date, within two months from the date of receipt of the copy of this order. On such deposit of the amount into court, the claimants 1, 4 and 5 are permitted to withdraw their shares with proportionate costs and interests and the award amount allotted to the minor claimants 2 and 3 shall be deposited in any one of the nationalised banks till they attain majority and the first claimant/guardian is permitted to withdraw the future accrued interest once in three months, directly from the bank. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To The Motor Accidents Claims Tribunal, Subordinate Judge, Palani. +1cc to Mr.Rajnish Pathiyil, Advocate, Sr.No. 15666 vsn ssk/25.07.2011 /3c -2p/- C.M.A(MD)NO.577 of 2011 27.04.2011 https://hcservices.ecourts.gov.in/hcservices/