IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 2.3.2009 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR C.M.A.No.475 of 2009 and M.P.No.1 of 2009 The Managing Director, Tamil Nadu State Transport Corporation Ltd., Madurai Division-I, Bye-Pass Road, Madurai. ... Appellant/Respondent vs. 1.Ponnammal, 2.Baby, 3.Govindammal. ... Respondents/Petitioners Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 24.2.2003 passed in M.C.O.P.No.753 of 1999 on the file of the Motor Accidents Claims Tribunal (Sub Judge), Tirupur. For appellant : Mr.P.Jagadeeswaran JUDGMENT The Tamil Nadu State Transport Corporation is on appeal challenging the award dated 24.2.2003 passed in M.C.O.P.No.753 of 1999 on the file of the Motor Accidents Claims Tribunal (Sub Judge), Tirupur. 2. It is a case of fatal accident. The brief facts of the case are as follows:- The accident in this case happened on 25.11.1998. The deceased Appachi, aged 45 years, owning power loom and also agricultural land, was standing in the mud road. The bus belonging to the appellant transport corporation driven by its driver in a rash and negligent manner hit the said Appachi. In that https://hcservices.ecourts.gov.in/hcservices/ accident, the said Appachi died on the spot. The wife aged 40 years and two daughters aged 22 and 20 years filed a claim for a sum of Rs.10 lakhs as compensation stating that the deceased was earning Rs.7,000/- per month. 3. In support of the claim, the wife of the deceased was examined as P.W.1. One Kandasamy, the eye witness to the accident was examined as P.W.2. Exs.A-1 to A-5 were marked, the details of which are as follows:- Ex.A-1 is the photocopy of F.I.R. dated 25.11.1998, Ex.A-2 is the photocopy of post-mortem certificate dated 25.11.1998, Ex.A-3 is the photocopy of death certificate dated 16.12.1998, Ex.A-4 is the photocopy of legal heir certificate dated 30.12.1998 and Ex.A-5 is the photocopy of partition deed dated 26.7.1993. On behalf of the appellant transport corporation, the respondent before the Tribunal, one Ganesan, the driver of the bus was examined as R.W.1 and a copy of criminal court judgment dated 4.9.2002 was marked as R.W.1. 4. The finding of negligence on the part of the driver of the appellant transport corporation bus, who is responsible for the accident and the death, and the liability fixed on the appellant to compensate the respondents/claimants is not disputed by the counsel for the appellant in the appeal and the same is confirmed. The only contention raised by the learned counsel for the appellant is on the quantum of compensation awarded by the Tribunal. 5. Insofar as the quantum of compensation is concerned, the same was dealt with by the Tribunal in paragraph 7 of the award in answer to point No.2. Based on the post-mortem certificate Ex.A-2, the Tribunal fixed the age of the deceased at 45 years. Considering that the deceased was owning agricultural land as per the partition deed Ex.A-5 and oral evidence of P.W.1, the Tribunal fixed the income of the deceased at Rs.4,000/- per month and Rs.48,000/- per annum. Based on the age of the deceased and in terms of second schedule to Section 163A of the Motor Vehicles Act, the Tribunal adopted 15 multiplier and fixed the loss of income of the deceased at Rs.7,20,000/- (Rs.48,000/- x 15 = Rs.7,20,000/-). From this amount, the Tribunal deducted 1/3 towards the personal expenses of the deceased and granted a sum of Rs.4,80,000/- towards pecuniary loss to the family of the deceased. The Tribunal also granted compensation under conventional heads. In all, the Tribunal granted the following amounts as compensation with 9% interest as follows:- https://hcservices.ecourts.gov.in/hcservices/ Sl. No. Head Amount granted by the Tribunal 1 Loss of pecuniary benefits to the family of the deceased Rs.4,80,000/- 2 Funeral expenses Rs. 2,000/- 3 Loss of love and affection to the wife and two daughters Rs. 5,000/- Total Rs.4,87,000/- 6. The contention of the appellant's counsel is that the multiplier of 15 adopted by the Tribunal is on the higher side and therefore, the quantum of compensation is to be reduced. 7. While perusing the award of the Tribunal, this Court is not inclined to interfere with the award of the Tribunal and to reduce the quantum of compensation for the following reasons:- (i) The accident in this case happened in the year 1998. The deceased was owning power loom and agriculture land. (ii) The income of the deceased taken by the Tribunal at Rs.4,000/- per month is reasonable in view of the decision of a Division of this Court in B.Anandhi – vs. - Latha reported in 2002 ACJ 233(P.SATHASIVAM,J., as he then was) wherein this court observed that a coolie would earn Rs.100/- per day. In that case, the accident happened in the year 1995, whereas in the present case, the accident happened in the year 1998. Further, the deceased in this case was owning power loom and agricultural land. (iii) No amount has been granted towards loss of consortium to the wife on the death of her husband. (iv) The sum of Rs.5,000/- granted towards loss of love and affection to the two unmarried daughters is very low. (iv) Since no amount was granted towards loss of consortium to the wife and compensation granted towards loss of love and affection to the two unmarried daughters is very low, even if the multiplier is marginally higher that will compensate for the same. (v) The interest granted by the Tribunal at 9% stands confirmed since the accident in this case happened in the year 1998. (vi) There is no good reason to interfere with the award of the Tribunal by way of reduction. https://hcservices.ecourts.gov.in/hcservices/ 8. Finding no merit, this Civil Miscellaneous Appeal is dismissed at the admission stage. Counsel for the appellant seeks eight weeks' time to deposit the award amount and is granted and on such deposit, the claimants are entitled to withdraw the same as apportioned by the Tribunal. Consequently, connected miscellaneous petition is closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. ts To Subordinate Judge, (Motor Accidents Claims Tribunal) Tiruppur. 1 cc to Mr.P. Jagadeeswaran, Advocate, SR. 7289 C.M.A.No.475 of 2009 CK (CO) kk 11/3 https://hcservices.ecourts.gov.in/hcservices/