IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.07.2008 CORAM THE HON’BLE MR. JUSTICE R.SUDHAKAR C.M.A.No.780 of 2008 and M.P.No.1 of 2008 National Insurance Company Ltd., rep. by its Divisional Manager. ... Appellant /2nd Respondent vs. 1.M.Kannaki 2.A.Muthukumaran 3.M.Saminathan ... Respondents /Petitioners Appeal preferred against the award and decree dated 07.03.2007 made in O.P.No.419 of 2005 on the file of the Motor Accidents Claims Tribunal (Additional District Court / Fast Track Court No.5), Tirupur at Coimbatore. For appellant .. Mr.D.Bhaskaran For respondents .. Mr.S.S.Swaminathan JUDGMENT The insurance company has filed the appeal, challenging the award of the Tribunal. 2.It is a case of death of a bachelor earning member. The claimants are mother aged 45 years and father aged 49 years. The only contention raised by the learned counsel for the appellant is on the quantum of compensation awarded. The finding of negligence and liability to compensate the claimants is not disputed. 3.On 19.06.2004, the deceased Mohan, a Tailor by profession, was riding a motorcycle and it was hit by the tipper lorry and in that accident, he died. The mother of the deceased was examined as P.W.1 and one Ganesan/eye witness was examined as P.W.2. The documents Exs.P1 to P6 were marked on the side of the claimants. On behalf of the respondents, no witnesses were examined and no documents were marked. The claimants claimed a sum of Rs.10 lakhs as compensation for the death of their deceased son. 4.The Tribunal fixed the income of the deceased at Rs.3,750/- per month and Rs.45,000/- per annum. After deducting 1/3rd amount towards his personal expenses in a sum of Rs.15,000/- determined the contribution to the dependents at Rs.30,000/- per annum. The Tribunal adopted 15 multiplier as per Second Schedule and fixed the total https://hcservices.ecourts.gov.in/hcservices/ pecuniary loss at Rs.4,50,000/-. The Tribunal granted Rs.30,000/- towards loss of love and affection to the two claimants, Rs.6,000/- for medical expenses and Rs.5,000/- for funeral expenses, totalling to Rs.4,91,000/- with 7.5% interest. 5.The contention of the learned counsel for the appellant is that in the case of death of a bachelor earning member, the proper multiplier should be 12 and he relied upon the decision of the Apex court in BIJOY KUMAR DUGAR Vs. BIDYA DHAR DUTTA (2006 AIR SCW 1116 = 2006(3) SCC 242). 6.Heard the learned counsel for the respondents, who pleaded that the compensation awarded by the Tribunal based on the above multiplier is as per the schedule and need not be interfered with. The Apex Court in a number of decisions has held that the multiplier as per schedule need not be strictly followed and it has to be determined on the basis of various factors like the age of the deceased as well as the age of the dependents. In the present case, the deceased is a bachelor earning member. The possibility of early marriage is always there and consequently the parents may not get the contribution to the full extent. The Apex Court in the case of BIJOY KUMAR DUGAR Vs. BIDYA DHAR DUTTA (2006 AIR SCW 1116 = 2006(3) SCC 242) upheld the decision based on 12 multiplier in a case of deceased bachelor earning member. Following the said decision of the Apex Court, the compensation in the instant case will have to be modified. Accordingly, the compensation of Rs.4,91,000/- is modified as follows: 7.The income of the deceased fixed at Rs.3,750/- is not disputed. Therefore, (Rs. 3750 x 12= 45000 x 1/3 = 15000 x 12 = 1,80,000/-) Rs.1,80,000/- is fixed as pecuniary loss to the dependents. The mother and father will be entitled to Rs.25,000/- each towards loss of love and affection on the death of their son. The amount granted by the Tribunal viz., Rs.6,000/- towards medical expenses and Rs.5,000/- towards funeral expenses stand confirmed. Further, Rs.5,000/- is awarded towards loss of estate. The award is modified as above, however the interest at the rate of 7.5% stands confirmed as the accident happened in the year 2004. The award of the Tribunal is modified as follows: Head Amount Awarded by the Tribunal Amount awarded by this Court Pecuniary loss to the dependents Rs.4,50,000/- Rs. 1,80,000/- Loss of love and affection (Rs.15,000/- x 2) Rs. 30,000/- Rs. 50,000/- (Rs.25,000/- x 2) Medical expenses Rs. 6,000/- Rs. 6,000/- Funeral expenses Rs. 5,000/- Rs. 5,000/- Loss of Estate --- Rs. 5,000/- TOTAL Rs.4,91,000/- Rs. 2,46,000/- https://hcservices.ecourts.gov.in/hcservices/ 8.It is stated by the learned counsel for the appellant that entire amount has been deposited pursuant to the order dated 22.02.2008. The claimants are entitled to withdraw the amount as per the order of this Court and the balance amount lying in deposit shall be withdrawn by the appellant. 9.The Civil Miscellaneous Appeal is allowed in part. No costs. Consequently, connected M.P. is closed. Sd/- Deputy Registrar /true copy/ Sub Asst. Registrar mmi To 1. The Additional District Judge, Fast Track Court No.5, Motor Accidents Claims Tribunal, Tirupur at Coimbatore. +2 Ccs to Mr.S.S.Swaminathan, Advocate, SR.No.38431 & 38344 +1 cc to Mr.D.Bhaskaran, Advocate, SR.No.38253 C.M.A.No.780 of 2008 KA (CO) SMK/20.8.08 https://hcservices.ecourts.gov.in/hcservices/