1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2011 CORAM THE HONOURABLE Ms.JUSTICE K.B.K.VASUKI C.M.A.No.94 of 2011 1.Dhanapandi 2.Minor Sobitha 3.Panchavarnam . . Appellants/Claimants (2nd appellant represented by mother, natural guardian and next friend Dhanapandi 1st appellant) Vs. The General Manager, Tamilnadu State Transport Corporation Maruthupandi Nagar, Karaikudi Town, Sivagangai District. .. Respondent/Respondent Prayer:- This Civil Miscellaneous Appeal is filed against the order, and decreetal order dated 23.03.2010, made in MCOP No.67/2008 on the file of the Motor Accident Claims Tribunal, Paramakudi. For Appellants : Mr.D.Senthil For Respondents: Mr.M.Prakesh JUDGMENT The claimants are the appellants herein. The claimants are the wife, minor daughter and mother of one Palpandi, who was the victim of the fatal accident occurred at 00.40 a.m. on 06.10.2007 near Sudioor vilaku road on Madurai-Mandabam National Highways, due to rash and negligent driving of the driver of bus belonging to State Transport Corporation in which he was travelling as one of the passengers. The transport corporation did not dispute the manner of the accident and its liability to pay compensation and the quantum as fixed by the tribunal. The appeal is filed by the claimants seeking enhancement of the compensation under the heads, loss of income, loss of consortium and loss of love and affection. The compensation awarded for the above heads, according to the appellants, is too low and disproportionate to the loss sustained by the claimants. 2. Heard both sides and perused the records. 3. Regarding the avocation of the deceased, the claimants have in the claim petition stated that the deceased was employed in Ramrock Builders as Plumber having one Thangaraj as its proprietor and was earning Rs.200/- per day and not less than Rs.6,000/- per month. The claimants in order to establish the same, examined the said Thangaraj/owner of Ramrock Builders as P.W.2 and has also produced Ex.P9 salary certificate through him. P.W.2 in his oral evidence has deposed that the deceased was employed as Plumber in his construction works and was paid Rs.6,000/- as monthly salary. The evidence so given by P.W.2 is totally contrary to the https://hcservices.ecourts.gov.in/hcservices/ 2 statement stated by the claimants in the claim petition, wherein it is stated that he was earning Rs.200/- per day as plumber. Though P.W.2 in the cross-examination admitted that there are 25 employees presently employed under him and the company is maintaining records to prove the number of employees and the quantum of monthly salary payable to them, such records are not made available before this Court. Notwithstanding the same, this court considering the nature of avocation of the deceased and the age of the deceased, fixed his monthly salary at Rs.4,000/- per month. However, the Tribunal has grossly erred in adopting multiplier as 5 by taking the age of the mother as criteria, which is totally incorrect. As the main claimants are the wife, minor daughter and the mother of the deceased, the age of the deceased has to be taken into account for ascertaining the multiplier and as the age of the deceased was admittedly 41 years on the date of the accident and as the multiplier specified for 40 to 45 years in the II schedule is 15, the same multiplier is adopted herein and hence total loss of income of the dependents, after deducting 1/3 of his monthly income towards his personal expenses, is fixed at Rs.4,80,000/- (4,000 X 12 X 15 X 2/3). Similarly, the amount awarded for loss of love and affection is enhanced from Rs.15,000/- to Rs.25,000/- and for loss of consortium is enhanced from Rs.10,000/- to Rs.25,000/- and the award is confirmed in other respects. Thus, the claimants are now entitled to get total compensation of Rs.5,46,000/- payable with interest at 7.5% per annum from the date of the petition. 4. In the result, the award, dated 23.03.2010, made in M.C.O.P.No.67 of 2008 on the file of the Motor Accident Claims Tribunal, Paramakudi is enhanced from Rs.1,61,000/- to Rs.5,46,000/- payable with 7.5% interest per annum from the date of claim petition. Out of the total compensation amount, the appellants 1 to 3 are entitled to get Rs.2,75,000/-, Rs.1,50,000/- and Rs.1,21,000/- respectively. The award is confirmed in other respects. The respondent is directed to deposit the award amount within two months from this date. On such deposit the claimants 1 and 3 are permitted to withdraw 50% of the amount awarded to them with proportionate costs and interest and the balance shall be deposited in any one of the nationalised banks for three years and the appellants 1 and 3 are permitted to withdraw the interest accrued thereon. The amount awarded to the minor daughter shall be deposited in any one of the nationalised banks on re-investment scheme till she attains the majority and the guardian/mother is permitted to withdraw the interest once in three months directly from the Bank for the maintenance of the child. The civil miscellaneous appeal is disposed of with proportionate costs. SD/- Deputy Registrar (LA) /True Copy/ Assistant Registrar To The Motor Accidents Claims Tribunal, Paramakudi. +1 CC TO MR.D.SENTHIL, ADVOCATE S.R NO 7041 +1 CC TO M/S M.PRAKASH, ADVOCATE S.RNO. 7136 Judgment made in C.M.A.No.94 of 2011 17.03.2011 jikr PAM 28.04.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/