IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.10.2008 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR C.M.A.No.1996 of 1999 and C.M.P.No.22568 of 1999 The Managing Director, State Express Transport Corporation, (Division II), Chennai-600 002. (Cause title accepted vide order dated 31.8.1999 in C.M.P.No.14579 of 1999) ... Appellant/2nd Respondent vs. 1.Rajammal, 2.Subramaniam, 3.Marimuthu, 4.Savitha Medical Education Federation, No.1, Bypass Road, Poonamallee, Velappan Chavadi, Chennai. 5.National Insurance Co., 661, Poonamallee Trunk Road, Chennai. (No relief sought for against the respondents 3 to 5 and they are hereby given up). .. Respondents/Petitioners 1 and 2 and respondents 1, 3 and 4 Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 20.8.1998 passed in M.C.O.P.No.656 of 1994 on the file of the Motor https://hcservices.ecourts.gov.in/hcservices/ Accidents Claims Tribunal (Additional Sub Judge), Erode. For appellant : Mr.V.Udayakumar For respondents : No appearance for R1 and R2 Respondents 3 to 5 given up ----- JUDGMENT The State Express Transport Corporation is on appeal challenging the award dated 20.8.1998 passed in M.C.O.P.No.656 of 1994 on the file of the Motor Accidents Claims Tribunal (Additional Sub Judge), Erode. 2. The only contention raised by the learned counsel for the appellant is on the quantum of compensation awarded by the Tribunal. 3. It is a case of fatal accident. The brief facts of the case are as follows:- The accident in this case happened on 24.8.1994. The deceased Kumar, a van driver in a private hospital, was driving the hospital van. The said van was hit by the bus belonging to the appellant transport corporation driven by its driver in a rash and negligent manner. In that accident, the said Kumar died. The mother aged 55 years and the father aged 60 years at the time of accident filed a claim for a sum of Rs.6 lakhs as compensation stating that their son was earning a sum of Rs.2,500/- per month. 4. In support of the claim, the mother of the deceased was examined as P.W.1. One Duraisamy, the eye witness was examined as P.W.2. The father of the deceased was examined as P.W.3. Exs.A- 1 to A-8 were marked as detailed below:- Ex.A-1 is the copy of F.I.R. dated 22.5.1994, Ex.A-2 is the rough sketch, Ex.A-3 is the copy of charge-sheet dated 25.11.1994, Ex.A-4 is the copy of the observation mahazar dated 22.5.1994, Ex.A-5 is the copy of the post-mortem certificate, Exs.A-6 and A-7 are the copies of the Motor Vehicle Inspector's Inspection Reports and Ex.A-8 is the transfer certificate issued to the deceased. https://hcservices.ecourts.gov.in/hcservices/ No oral or documentary evidence was let on behalf of the appellant transport corporation. 5. The finding of negligence on the part of the driver of the appellant transport corporation bus and the liability to compensate the claimants is not in dispute in the appeal and the same is confirmed. 6. As far as the compensation is concerned, the same was dealt with in paragraph 9 onwards in the award in answer to point No.2. The deceased was a bachelor earning member and was 25 years old at the time of accident. 7. The Tribunal in the absence of a specific evidence to show that the income of the deceased was Rs.2,500/- per month, fixed the income of the deceased at Rs.2,000/- and at Rs.24,000/- per annum. After deducting 1/3 towards personal expenses of the deceased, the Tribunal fixed the loss of pecuniary benefits to the dependents of the deceased at Rs.16,000/- per annum. Considering the age of the deceased bachelor, the Tribunal adopted 18 multiplier. Accordingly, the Tribunal fixed the loss of pecuniary benefits to the dependents of the deceased at Rs.2,88,000/-. The Tribunal, further, granted a sum of Rs.2,000/- towards funeral expenses. In all, the Tribunal granted a sum of Rs.2,90,000/- as compensation with interest 12%. It is pertinent to point out that for loss of love and affection no amount was granted to the to the father and mother. No amount was given towards transport expenses and towards loss of estate. 8. Learned counsel for the appellant relied upon the decision of the Apex Court in Bijoy Kumar Dugar vs. Bidya Dhar Dutta reported in 2006 AIR SCW 1116 = 2006 (3) SCC 242 and argued that since the deceased was a bachelor earning member and the dependents are only mother and father aged 55 and 60 years respectively, lesser multiplier can be taken. He, however, fairly conceded that some amount can be granted towards loss of love and affection to the mother and the father. 9. The possibility of the deceased bachelor earning member getting married and the pecuniary benefits getting reduced to the parents is always there. In the case of bachelor earning member, higher multiplier cannot be adopted to grant compensation to the dependents, who are the parents. In view of the decision of the Apex Court as above, the proper multiplier in this case will be 12. There is no dispute with regard to income fixed by the Tribunal. Therefore, the total pecuniary loss will be Rs.1,92,000/- (Rs.16,000/- x 12 = Rs.1,92,000/-). The mother and father will be entitled to a sum of Rs.10,000/- each towards loss https://hcservices.ecourts.gov.in/hcservices/ of love and affection on the death of their son. Further, the mother and father will be entitled to transport expenses and for loss of estate. Accordingly, the award of the Tribunal is modified as follows:- Sl. No. Head Amount granted by the Tribunal Amount granted by this Court 1 Loss of pecuniary benefits to the parents Rs.2,88,000/- Rs.1,92,000/- 2 Funeral expenses Rs. 2,000/- Rs. 2,000/- 3 Loss of love and affection to the parents on the death of their son --- Rs. 20,000/- 4 Transport expenses --- Rs. 3,000/- 5 Loss of estate --- Rs. 2,500/- Total Rs.2,90,000/- Rs.2,19,500/- rounded of to Rs.2,20,000/- 10. The interest granted by the Tribunal at 12% stands confirmed since the accident happened in the year 1994 and the award was passed in the year 1998. 11. In the result, the civil miscellaneous appeal is allowed as follows:- (i) The Award of the Tribunal is reduced to Rs.2,20,000/- from Rs.2,90,000/- (ii) The interest granted by the Tribunal at 12% shall stand confirmed. (iii) Counsel for the appellant prays six weeks' time to deposit the balance award amount, if not already deposited and is allowed. (iv) On such deposit, the mother of the deceased is entitled to withdraw a sum of Rs.1,50,000/- with proportionate interest and entire cost. The father of the deceased is entitled to withdraw a sum of Rs.70,000/- with proportionate interest. (v) There will be no order as to costs. https://hcservices.ecourts.gov.in/hcservices/ (vi) Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ts To 1. The Additional Subordinate Judge, (Motor Accidents Claims Tribunal) Erode. 2.The Section Officer, VR Section, High Court, Madras-104. +1cc to Mr.V.Udayakumar, Advocate Sr 58872 GV (CO) km/14.11. C.M.A.No.1996 of 1999 https://hcservices.ecourts.gov.in/hcservices/