IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.11.2008 CORAM: THE HON'BLE MR.JUSTICE R.SUDHAKAR CMA.NO.1481 OF 2008 and M.P.NO.1 OF 2008 The Branch Manager, Tamil nadu State Transportation Corporation Limited, Periyamilaguparai, Trichy. ...Appellant/Respondent Vs. 1.Adhimoolam 2.Minor Prabhakar 3.Minor Ranjithkumar 4.Minor Prasad Kumar 2 to 4 minor respondents rep. by their next friend, guardian father Adhimoolam. ...Respondents/Petitioners The Civil Miscellaneous Appeal filed against the award made in MCOP.No.223 of 2003 dated 26.7.2005 on the file of Motor Vehicles Claims Tribunal and Sub Court at Ariyalur. For Appellant: Ms.B.Vijayalakshmi For Respondents: Mr.S.Kamadevan J U D G M E N T The Tamil Nadu State Transport Corporation is on appeal challenging the award dated 26.7.2005 in MCOP.No.223 of 2003 on the file of Motor Vehicles Claims Tribunal and Sub Court at Ariyalur. 2. It is a case of fatal accident. The accident in this case happened on 9.3.2003. The deceased Unnamalai was walking on the road when she was hit by transport Corporation bus driven by its diver in a rash and negligent manner. In that accident, she suffered serious injury . She was taken to hospital, however she died on the way. The husband aged about 31 years, three minor sons aged 8,6 and 4 respectively filed a claim for compensation in a sum of Rs.7 lakhs. https://hcservices.ecourts.gov.in/hcservices/ 3. According to the claimant, the deceased Unnamalai was a Vessel merchant and he was earning Rs.12,000/- per month. Before the Tribunal, the husband was examined as PW1 and the Driver of the bus was examined as RW1. No document was marked on behalf of the appellant/respondent before the Tribunal. Except the First Information Report and the Post Mortem Certificate, no other documents was produced before the Tribunal by the claimants. 4. The finding of negligence on the part of the driver of the appellant transport corporation who is responsible for the accident and the death and the liability fixed on the appellant Transport Corporation to compensate the claimant is not disputed by the appellant counsel and such finding is confirmed. 5. The only contention raised by the learned counsel for the appellant Transport Corporation is on the quantum of compensation. That was decided in paragraph 10 onwards in answer to Point No.2. As far as the income is concerned, since no proof was filed, the Tribunal fixed the income at Rs.3,000/- per month. The age of the deceased was stated to be 22 years, which is supported by Post Mortem Certificate Ex.A2. The Tribunal adopted 18 Multiplier and fixed the pecuniary loss to the dependents as follows: Rs.3,000-1000 = Rs.2,000 X 12 X 18 = Rs.4,32,000/- In addition to the above, Rs.25,000/- was granted towards mental agony and Rs.5,000/- was granted towards Funeral expenses totally Rs.4,62,000/- with interest at 9% p.a. 6. Learned counsel for the appellant submits that no material has been shown that the deceased was an earning member. The 18 Multiplier taken in this case is on the higher side. Further, the father is taking care of the children and therefore the loss of dependency is not total. In any event he pleaded that the Multiplier has to be suitably reduced. She also pleaded that the interest at 9% is on the higher side. 7. The learned counsel for the claimants on the other hand states that all the three children are very young at the time of accident. The mother was supporting and taking care of the whole family and that has to be compensated in real term. He also stated that no amount has been granted for loss of Consortium to the husband. The children were granted meagre amount towards loss of love and affection on the death of their mother. He further stated that considering the date of accident, the amount of compensation is meagre and it need not be interfered. 8. The following factors will be relevant while considering the award of the Tribunal on merits. The accident in this case https://hcservices.ecourts.gov.in/hcservices/ happened in the year 2003, the deceased Unnamalai was aged about 26 years at the time of accident and the age is not in dispute. She was supporting the family consisting of three children aged 8, 6 and 4 years respectively. It is claimed that she was earning by selling vessels which is termed as hawking. For this, no material evidence can be shown as they are daily income earners carry goods on head. The deceased mother may have to take care of domestic front also. In the course of time, she may not earn as before. By efflux of time dependency on mother for her income will go down . The husband is therefore has to take care of the needs of the children monitorily in the future and that can be taken into consideration in deciding the quantum. Hence, the multiplier cannot be 18 and it is modified to 15. The three children, will however, be entitled to adequate compensation for loss of love and affection on the death of the mother which is an irreparable loss and cannot be measured in terms of money. On the death of the spouse, the husband has to be suitably compensated, as he will have to take care of young children for the rest of his life without the mother's support. Accordingly, the award stands modified as follows: 9. Accordingly, the award of the Tribunal stands modified as follows:- Sl. No. Heads Amount granted by the Tribunal Amount granted by this Court 1 Pecuniary Loss to the dependents Rs.4,32,000/- (Rs.2000x12x18) Rs.3,60,000/- (Rs.2000x12x15) 2 Mental Agony Rs.25,000/- No amount 3 Funeral Expenses Rs. 5,000/- Rs. 5,000 4 Love and affection to three children No amount Rs. 45,000/- 5 Loss of consortium to husband No amount Rs. 15,000/- 6 Transport expenses No amount Rs. 2,500/- Total Rs.4,62.000/- Rs.4,27,500/- The interest stands reduced to 7.5%, as the accident in this case happened in 2003 and award passed in the year 2005. 10. In the result, the Civil Miscellaneous Appeal is allowed in part as follows:- (i) the award of the Tribunal is reduced to Rs.4,27,500/- from Rs.4,62,000/-. (ii) The interest is reduced to 7.5% from 9%. https://hcservices.ecourts.gov.in/hcservices/ (iii) Pursuant to the interim order of this Court dated 25.4.2008, it is stated that a sum of Rs.4,50,000/- with interest has been deposited. The appellants are directed to deposit any amount in excess, if required, and the claimants will be entitled to withdraw the said amount as follows: (a) The husband will be entitled to withdraw Rs.1,00,000/- with interest and entire cost. (b) The balance will be shared by the minors 2 to 4 equally. On deposit of the amount, the share of the minors shall be invested in a nationalised bank proximate to the place of the residence of the respondents/claimants for a period of three years and renewable thereafter till the minors attain majority.The father of the minor respondents/claimants is permitted to withdraw the accrued interest once in three months directly from the bank and for the said purpose the father of the minor respondents/claimants 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 father. (c) The nationalised bank to which the amount will be deposited, shall intimate to the first respondent/1st claimant of such deposit and confirm the same to the Tribunal that the claimants have been duly informed. The Tribunal to instruct the bank accordingly. (d) 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. (iv) The appellant is entitled to withdraw the excess deposit, if any after settling the claimants. (v)Consequently, connected M.P. is closed. (vi) There will be no order as to cost. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ To. 1.Motor Vehicles Claims Tribunal and Sub Court at Ariyalur. 2. The Section Officer, Judicial Section, High Court, Madras. 3. The Record Keeper, V.R.Section, High Court, Madras. + 1 CC to Mrs.B.Vijayalakshmi,Advocate,SR.62503 + 1 CC to Mr.S.Kamadevan,Advocate,SR.62371 CMA.NO.1481 OF 2008 and M.P.NO.1 OF 2008 KM(CO) EM/13.2.09 https://hcservices.ecourts.gov.in/hcservices/