IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.12.2008 CORAM:- The Hon'ble Mr. Justice R. SUDHAKAR C.M.A. No. 2059 of 2008 The Divisional Manager, The United India Insurance Company Ltd., No.46 Kadpadi Salai, Vellore. .. Appellant/2nd respondent Vs. 1.Mercy 2.Yogannan 3. Minor Princy Nisha 4. Minor Vincy 5. Prakash (R5 set exparte in the lower Court) .. Respondents/Petitioner (Minor rep.by their mother and and Ist Respondent natural guardian the 1st Respondent herein) Appeal filed under Section 173 of M.V. Act against the award and decree dated 31.10.2007 made in MCOP No. 628 of 2006 on the file of the Motor Accidents Claims Tribunal (District Judge) Tiruvannamalai. For Appellant : Ms. N. Mala For Respondents : Ms. M. Malar – R1 to R4 Not ready – R5 JUDGMENT The United India Insurance Company has filed this appeal challenging the award dated 31.10.2007 made in MCOP No. 628 of 2006 on the file of the Motor Accidents Claims Tribunal (District Judge) Tiruvannamalai. 2. The respondents 1 to 4 / claimants appear through counsel and pray for disposal of appeal on merits. It is a case of fatal accident. The accident in this case happened on 12.5.2006 at 6.45 a.m. The deceased Priya @ Lincy Priya was riding a scooter on the 200 feet road. Due to puncture of the tyre, she stopped the vehicle and attended to it. The lorry insured with the appellant driven in a rash and negligent manner by its driver, hit the stationary vehicle and caused death of https://hcservices.ecourts.gov.in/hcservices/ Priya instantaneously. On the death of Priya, the mother aged 42 years, father aged 47 years, minor sisters aged 16 years and 13 years have filed the claim petition claiming a sum of Rs.10,00,000/- as compensation stating that the income of the deceased was Rs.6,000/- p.m. 3. In support of the claim, the mother of the deceased was examined as P.W.1. One Nelsonraj, the eye witness was examined as P.W.2 and one Chandrasekar, employer of the deceased was examined as P.W.3. Documents Exs. A1 to A9 were marked. Ex.A1 is the copy of the F.I.R. Ex.A2 is the copy of the M.V.I. Report. Ex.A3 is the copy of the post mortem certificate. Ex.A4 is the death certificate. Ex.A5 is the rough sketch. Ex.A6 is the copy of the insurance policy. Ex.A7 is the salary certificate. Ex.A8 is the appointment order of the deceased. Ex.A9 is the legal heirship certificate. No oral and documentary evidence was let in on behalf of the appellant/ respondent before the Tribunal. 4. The finding of negligence on the part of the driver of the lorry, who caused the accident and the liability fixed on the insurance company to compensate the claimant is not disputed and the same is confirmed. 5. The Tribunal decided the issue of compensation in paragraph 8 in answer to point No.3. The Tribunal fixed the income at Rs.6,000/- based on the evidence of P.W.3, the employer and Ex.A7 salary certificate. The Tribunal after deducting some amount towards personal expenses of the deceased, adopted 17 multiplier and fixed the total pecuniary loss in a sum of Rs.8,16,000/- (Rs.48,000/- x 17 = Rs.8,16,000/-) 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. 8,16,000/- 2 Loss of love and affection Rs. 5,000/- Total Rs. 8,21,000/- 6. Learned counsel for the appellant stated that the deceased is a spinster and the possibility of the deceased getting married shortly and the dependancy getting reduced should have been considered by the Tribunal and therefore, the multiplier of 17 in this case is on the higher side and pleaded for reduction of compensation. He relied on the decision of the Supreme Court in Bijoy Kumar Dugar - vs. - Bidya Dhar Dutta reported in 2006 AIR SCW 1116 = 2006 (3) SCC 242. 7. Learned counsel for the claimants on the other hand pleaded that the deceased was supporting the whole family including two minor sisters and therefore, the compensation is just and reasonable. https://hcservices.ecourts.gov.in/hcservices/ 8. Since the deceased is a spinster, the principles set out in Bijoy Kumar's case cited supra has to be kept in mind for the purpose of determining the total compensation. 9. Considering the lump sum payment that will accrue to the dependents and the fact that the deceased will likely to get married and the dependency getting reduced shortly, the multiplier stands reduced to 14. Accordingly, applying 14 multiplier, the loss of pecuniary benefits to the dependents is at Rs.6,72,000/- (Rs.48,000/- x 14 = Rs.6,72,000/-). The father and mother will be entitled to a sum of Rs.7,500/- each and the two minor sisters will be entitled to a sum of Rs.10,000/- each for loss of love and affection. The claimants are entitled to a sum of Rs. 2,500/- towards transport expenses and Rs.5,000/- towards funeral expenses. Accordingly, the award of the Tribunal stands modified as follows:- Sl.No. Head Amount granted by the Tribunal Amount granted by this Court 1 Loss of pecuniary benefits Rs. 8,16,000/- Rs.6,72,000/- 2 Loss of love and affection to the father and mother Rs.7,500/- each and two sisters Rs.10,000/- each Rs. 5,000/- Rs. 35,000/- 3 Transport expenses --- Rs. 2,500/- 4 Funeral expenses --- Rs. 5,000/- Total Rs. 8,21,000/- Rs.7,14,500/- 10. Since the accident happened in the year 2006 and the award was passed in the year 2007, the interest granted at 7.5% p.a. stands confirmed. 11. In the result, the civil miscellaneous appeal is partly allowed as follows:- (i) The award of the Tribunal is reduced to Rs.7,14,500/- from Rs.8,21,000/-. (ii) The award amount shall carry interest at the rate of 7.5% p.a. (iii) Learned counsel for the appellant stated that as per the order of this Court dated 15.7.2008, entire award amount has been deposited. (iv) Out of the award amount, the mother/first claimant is entitled to withdraw a sum of Rs.1,14,500/- with interest and costs. The father/ second claimant is entitled to withdraw a sum of Rs.1,00,000/- with interest. Two minor sisters/ 3rd and 4th claimants are entitled to a https://hcservices.ecourts.gov.in/hcservices/ sum of Rs.2,50,000/- each with interest. (v)The share of the minor sisters 3rd and 4th respondents/ 3rd and 4th claimants shall be invested in any nationalised bank proximate to the place of the residence of the first respondent/first claimant for a period of three years and renewable thereafter till the minors attain majority. The mother of the minors is permitted to withdraw the accrued interest in respect of the share of the minors once in three months directly from the bank and for the said purpose the first respondent/first claimant shall open a savings bank account on the same branch and the interest amount shall be transferred to the account to be maintained by the mother. (vi) The nationalised bank to which the amount will be deposited, shall intimate to the first respondent/first claimant of such deposit and confirm the same to the Tribunal that the first claimant has been duly informed. The Tribunal to instruct the bank accordingly. (vii) Since the deposit is in the case of minors, the Tribunal is directed to send a report containing the details of the deposit to the High Court on such deposit. (viii) There will be no order as to cost. (ix) Consequently, connected miscellaneous petition is closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. ra To. 1. The Motor Accidents Claims Tribunal, (District Judge) Tiruvannamalai. + 1 CC to M/s.M.Malar,Advocate,SR.NO.71951 + 1 CC to M/s.N.Mala,Advocate,SR.NO.72345 CMA No. 2059 /2008 KSK(CO) EM/4.2.09 https://hcservices.ecourts.gov.in/hcservices/