IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.4.2009 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR C.M.A.No.2658 of 2007 and M.P.No.1 of 2007 ..... The New India Assurance Co. Lgtd., having office at 127 A, Thiru-vi-ka Road, Villupuram. ... Appellant/2nd Respondent vs. 1. Valliammal 2. Kaliyan 3. Sutha 4. Arumugasamy 5. Chandiran ... Respondents/Petitioners/ I & III respondents Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 10.11.2006 passed in M.C.O.P.No.34 of 2005 on the file of the Motor Accidents Claims Tribunal (Principal District Judge), Villupuram. For appellant : Mr.S. Jayasankar For Respondents : Mr. S.Saravanakumar  R1 to R3 R4 &R5  ex-parte. ----- JUDGMENT The Insurance company has filed this appeal challenging the award dated 10.11.2006 passed in M.C.O.P.No.34 of 2005 on the file of the Motor Accidents Claims Tribunal (Principal District Judge), Villupuram. 2. It is a case of fatal accident. The deceased Anjapuli, aged 26 years, a fruit cutter in a juice factory was travelling in a motor cycle on Trichy-Chennai main road as a pillion rider. A lorry insured with the appellant insurance company coming from the opposite direction driven in a rash and negligent manner by its driver, hit the two wheeler and in that accident, he died instantaneously. On his death, mother aged 45 years, father aged 55 years, sister aged 19 years filed a claim for a sum of Rs.7,00,000/- as compensation. 3. In support of the claim, the mother of the deceased was examined as P.W.1 and one Harikrishnan, the eye witness, was examined as P.W.2. Documents Ex.P 1 to P7 were marked. Ex.P1 is the copy of the F.I.R. Ex.P2 is the copy of the M.V.I. Report. Ex.P3 is the copy of the post mortem certificate. Ex.P4 is the copy of the R.C.Book of the lorry. Ex.P5 is the R.C.Book of the motor cycle. Ex.P6 is the copy of the insurance policy. Ex.P7 is the driving licence. No oral or documentary evidence was let in on behalf of the appellant/2nd respondent before the Tribunal. 4. The finding of negligence on the part of the driver of the lorry and the liability of the insurance company to compensate the claimant is not disputed in the appeal. Such finding of the Tribunal is confirmed. 5. As far as the quantum of compensation is concerned, the Tribunal based on the oral and documentary evidence, came to the conclusion that the income of the deceased was Rs.3,000/- p.m. as against the claim of Rs.6,000/- and after deducting 1/3rd towards personal expenses of the deceased, the contribution to the dependents was fixed as Rs.24,000/- p.a. The Tribunal based on the age of the deceased adopted 18 multiplier and determined the loss of pecuniary benefits in a sum of Rs. 4,32,000/- (Rs.24,000/- x 18 = Rs.4,32,000/-) In addition, the Tribunal granted compensation on conventional heads. In all, the Tribunal granted the following amount as compensation with interest at the rate of 7.5% p.a. Sl.No. Head Amount granted by the Tribunal 1 Loss of pecuniary benefits Rs.4,32,000/- 2 funeral expenses Rs. 2,000/- 3 Loss of estate Rs. 2,500/- Total Rs.4,36,500/- 6. In appeal, the learned counsel for the appellant stated that the multiplier of 18 adopted by the Tribunal is on the higher side in this case, as the deceased was a 26 years old bachelor and therefore, lesser multiplier should be adopted. 7. Learned counsel for the claimants on the other hand pleaded that no amount has been granted for loss of love and affection to the parents and the sister on the death of Anjapuli. Further, the income fixed by the Tribunal at Rs.3,000/- p.m. is very low. He therefore sought for dismissal of the appeal. 8. As far as the age of the deceased is concerned, there is no dispute that he was 26 years old bachelor. The claimants stated that the deceased was earning a sum of Rs.6,000/- p.m. However, no proof has been filed. The Tribunal fixed the income of the deceased at Rs.3,000/- p.m. It cannot be justified in view of the following two decisions:- (a) A Division Bench of this Court in B.Anandhi  vs. - Latha reported in 2002 ACJ 233(P.SATHASIVAM,J., as he then was) observed that a coolie would earn Rs.100/- per day. In that case, the accident happened in the year 1995. (b) The Apex Court in State of Haryana and another  vs. - Jasbir Kaur and others reported in 2004-1 Law Weekly, was of the view that an agriculturist would earn Rs.3,000/- per month. In that case, the accident happened in the year 1999. 9. The accident in this case happened in the year 2005. Therefore, the income of the deceased should have been fixed atleast Rs.4,000/- p.m. If that is taken as his come, as it will commensurate with the living wages and minimum wages during the period of accident, after deducting 1/3rd towards the personal expenses of the deceased, the annual loss of dependency will be Rs.32,000/- . In view of the Apex Court decision in Bijoy Kumar Dugar - vs. - Bidya Dhar Dutta reported in 2006 AIR SCW 1116 = 2006 (3) SCC 242. Bijoy Kumar Dugar - vs. - Bidya Dhar Dutta reported in 2006 AIR SCW 1116 = 2006 (3) SCC 242, the proper multiplier in the case of death of 26 years bachelor would be 12 and not 18. The possibility of the deceased getting married soon and the dependency getting reduced is always there. The claimants viz., father, mother and sister may not get full measure of contribution for the rest of their life. Therefore, the proper multiplier will be 12 as against 18. Hence, the total loss of pecuniary benefits will be Rs. 32,000/- x 12 = 3,84,000/-). No amount has been granted towards loss of love and affection to the parents and sister to which they are lawfully entitled. Hence, the father and mother are entitled to Rs.7,500/-each and the sister will be entitled to Rs.5,000/- towards loss of love and affection. Other amounts granted by the Tribunal are confirmed. Accordingly, the total compensation granted by the Tribunal is modified as follows:- Sl.No. Head Amount granted by the Tribunal Amount granted by this Court 1 Loss of pecuniary benefits Rs.4,32,000/- Rs.3,84,000/- 2 funeral expenses Rs. 2,000/- Rs. 2,000/- 3 Loss of estate Rs. 2,500/- Rs. 2,500/- 4 Loss of love and affection --- Rs. 20,000/- Total Rs.4,36,500/- Rs.4,08,500/- Since the accident happened in the year 2005 and the award was passed in the year 2006, the interest granted by the Tribunal at 7.5% stands confirmed. 10. In the result, the civil miscellaneous appeal is allowed in part as follows:- (i)The award of the Tribunal is reduced to Rs.4,08,500/- from Rs.4,36,500/-. (ii) The interest granted by the Tribunal at 7.5% is confirmed. (iii) Counsel for appellant prays for eight weeks' time to deposit the award amount as ordered by this Court and is granted. (iv) On such deposits, the claimants are permitted to withdraw the award amount as apportioned below:- Mother, the 1st respondent Rs.2,58,500/- with proportionate interest and entire costs. Father, the 2nd respondent Rs.75,000/- with proportionate interest Sister, the 3rd respondent Rs.75,000/- with proportionate interest (v) There will be no orders as to costs. (vi) Consequently,connected miscellaneous petition is closed. ra To The Motor Accidents Claims Tribunal, (Principal District Judge), Villupuram