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.No(MD)No.574 of 2011 and M.P(MD)No.1 of 2011 The Managing Director, Tamil Nadu State Transport Corporation, Bye-Pass Road, Madurai-625 010. :Appellant/Respondent -Vs- 1.M.Ramasamy Chettiar 2.Mariammal :Respondents/Petitioners PRAYER:Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 21.06.2005 made in M.C.O.P.No.1221 of 2004 on the file of the Motor Accident Claims Tribunal, I Additional Sub-court, Madurai. For Appellant : M/s.Rajnish Pathiyil JUDGMENT This Civil Miscellaneous Appeal is taken up for final disposal at the admission stage. 2.The respondent State Transport Corporation is the appellant herein. This Civil Miscellaneous Appeal is filed against the award of compensation of Rs.2,33,000/- passed in favour of the claimants/respondents 1 and 2, who are none else than the parents of one Shankar, who was the victim of the fatal accident occurred at 11.30 p.m., on 29.01.2001 opposite to Siva Automobiles, North Veli Street, Madurai due to rash and negligent driving of the Town bus owned by the respondent/State Transport Corporation, in which he was travelling. 3.The date, time, place and the manner of the accident, involvement of the said Shankar in the accident, his instantaneous death due to multiple injuries sustained by him in the accident and the age, avocation and the monthly income of the deceased, relationship between the claimants and the deceased and the age of the claimants and their dependency upon the deceased, are not so seriously denied. 4.The Tribunal has on the basis of the evidence available on record, awarded Rs.2,33,000/- payable with interest at 7.5% per annum from the date of the claim petition, under the following heads: Loss of income and dependency :Rs.2,16,000/- Loss of love and affection :Rs. 5,000/- Loss of Expectation of Life :Rs. 10,000/- Funeral Expenses :Rs. 2,000/- -------------- Total :Rs.2,33,000/- -------------- https://hcservices.ecourts.gov.in/hcservices/ 2 5.The learned counsel for the appellant has in this appeal seriously disputed the quantum of compensation mainly by questioning the multiplier of "9" adopted for assessing the loss of income and dependency. 6.It is not in dispute that the deceased and the claimants were on the date of the accident aged 23, 65 and 57 years respectively. As such, the multiplier to be adopted for the age group of the mother 55-60 is "8" as against "9" multiplier adopted by the Tribunal. This Court while reducing the same to "8" for the purpose of assessing loss of income and dependency on that basis, is inclined to on the basis of the facts and circumstances, enhance the compensation for transport and funeral expenses and loss of love and affection. Hence, the compensation of Rs.2,33,000/- stands modified as follows: Loss of income and dependency :Rs.1,92,000/- (2000 X 12 X 8) Transport to Hospital and Funeral expenses :Rs. 11,000/- For loss of love and affection:Rs. 30,000/- (Each Rs.15,000/-) -------------- Total :Rs.2,33,000/- -------------- 7.With this modification, the award dated 21.06.2005 made in M.C.O.P.No.1221 of 2004 on the file of the Motor Accident Claims Tribunal, I Additional Sub-court, Madurai, is confirmed. The appellant is directed to deposit the award amount into Court if not deposited till date within two months from the date of receipt of the copy of this order and on such deposit of the amount into Court, the claimants are permitted to withdraw the entire award amount allotted to them with proportionate accrued interest and costs. This Civil Miscellaneous Appeal is disposed of accordingly. No Costs. Consequently, connected miscellaneous appeal is closed. Sd/- Assistant Registrar (P&A) / TRUE COPY / Sub Assistant Registrar To:The Motor Accident Claims Tribunal, I Additional Sub-Judge, Madurai. +1CC to Mr.Rajnish Pathiyil, Advocate. SR.No.15664. Copy To:The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. Pm CMA(MD).No.574 of 2011 RP/21.07.2011/2P/4C. 27.04.2011 . https://hcservices.ecourts.gov.in/hcservices/