1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.04.2011 CORAM: THE HONOURABLE Ms.JUSTICE K.B.K.VASUKI C.M.A(MD)No.465 of 2011 and M.P.(MD)No.2 of 2011 The Managing Director, TamilNadu State Transport Corporation, Nandavanapatti, Bye-pass Road, Dindigul ...Appellant/Respondent .vs. 1. Antonyammal 2. Manickam ...Respondents/Petitioners PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1998 against the award dated 08.04.2010 made in M.A.C.O.P.No.213 of 2009, on the file of the Motor Accidents Claims Tribunal(Additional District and Sessions Judge/Fast Track Court), Dindigul For Appellant : M/s.M.Prakash For Respondents : M/s.S.M.Mohan Gandhi JUDGMENT Heard both sides. 2. The appeal is filed by the second respondent/State Transport Corporation against the award of compensation of Rs.3,44,000/- with interest at 7.5% p.a. made in favour of the parents of one Royappan who was the victim of the fatal accident occurred at 6.40 a.m. on 23.03.2009, near Kuttuthu Aavarampatti Palvadi on Kuttuthupatti-Kannivadi Road as due to the rash and negligent driving of the bus belonging to the second respondent/transport Corporation. The date, time, place and manner of the accident resulting in the death of Royappan and the relationship between the claimants and the deceased and the age of the deceased and claimants are not so disputed. 3. The learned counsel for the appellant/State Transport Corporation would dispute the compensation mainly by questioning the multiplier of '18' adopted for assessing the loss of total income and loss of dependency of the claimants. It is argued by the learned counsel for the appellant that considering the age of the deceased and the age of the parents, particularly, mother and the possibility of reduction in the family contribution after the boy getting married, the multiplier of '18' adopted by the Tribunal is excessive and the same has unreasonably enhanced the compensation payable to the claimants towards loss of income and loss of dependency. 4 Per contra, the learned counsel for the claimants would try to defend the quantum of compensation awarded by the Tribunal by contending https://hcservices.ecourts.gov.in/hcservices/ 2 that the deceased being 19 years old and parents being dependant upon him for their livelihood,the Tribunal has erred in deducting 50% of the income towards his personal expenses and the same is to be compensated by adopting higher rate of multiplier. 5. Considering the factors relevant for assessing the income of the deceased and the multiplier to be adopted, this Court is inclined to assess the loss of income and loss of dependency by modifying the multiplier to 16 instead of 18 and the same has to be assessed as follows: Rs.18,000/- x 16 = Rs.2,88,000/- The total compensation awarded is under the following heads: 1. for loss of dependency - Rs.2,88,000 2. Funeral expenses - Rs. 5,000/- 3. loss of love and affection - Rs. 15,000/- -------------- total - Rs.3,08,000/- -------------- The award passed by the Tribunal is modified to that extent. 6. In the result, the award dated 08.04.2010 made in M.A.C.O.P.No.213 of 2009, on the file of the Motor Accidents Claims Tribunal(Additional District and Sessions Judge/Fast Track Court), Dindigul stands modified by awarding Rs.3,08,000/- with interest at 7.5% payable by the second respondent/State Transport Corporation within two months from the date of receipt of a copy of this order. On deposit of the amount into court, the claimants 1 and 2 are entitled to get Rs.2 lakhs and Rs.1,08,000/- respectively with proportionate accrued interest and costs and the claimants are permitted to withdraw 50% of the award amount allotted to their share with proportionate interest and costs. The balance award amount shall be invested in any one of the nationalised bank, in Fixed Deposit, for three years and the claimants are permitted to withdraw the future accrued interest from the above said deposit, once in three months, directly from the bank. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected miscellaneous petition is closed. No costs. SD ASST REGISTRAR ( CRL SIDE ) /TRUE COPY/ vsn SUB ASST REGISTRAR To The Additional District and Sessions Judge/ The Motor Accidents Claims Tribunal, Fast Track Court, Dindigul. 1CC TO MR. M.PRAKASH, ADVOCATE, SR: 13127: 1CC TO MR. M. MOHAN GANDHI, ADVOCATE, SR: 12895: DM:2011::MAY:09:: C.M.A(MD)NO.465 of 2011 2P:5C:: 07.04.2011 https://hcservices.ecourts.gov.in/hcservices/