IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 31.10.2008 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR C.M.A.No.1756 of 2008 and M.P.No.1 of 2008 The National Insurance Co. Ltd., Chennai - 2. ... Appellant/ 2nd Respondent vs. 1. Jothi 2. N. Rajasekaran ... Respondents/ Petitioner and ISt Respondent Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 08.08.2007 passed in MCOP.No.576 of 2005 on the file of the learned Motor Accident Claims Tribunal (Additional District and Sessions Judge), Fast Track Court No.III, Poonamallee, Thiruvallore District. For appellant : Mr. J. Chandran For respondent-1 : Mr. V.K.Rajagopalan For respondent-2 : No appearance. JUDGMENT Insurance company has filed this appeal challenging the award dated 08.08.2007 passed in MCOP.No.576 of 2005 on the file of the learned Motor Accident Claims Tribunal (Additional District and Sessions Judge), Fast Track Court No.III, Poonamallee, Thiruvallore District. 2. It is a case of fatal accident. The accident in this case happened on 9.9.2005. The deceased Robert, aged 21 years, was riding a motor cycle near Maduravoyal when he was hit by a lorry https://hcservices.ecourts.gov.in/hcservices/ insured with the appellant. In that accident, the said Robert died. The mother aged 39 years has filed the claim petition claiming a sum of Rs.6,03,000/- as compensation stating that the deceased was an operator in Automatic Ancillary Service Private Limited, Vanagaram and earning a sum of Rs.3,000/- p.m. 3. In support of the claim petition, the mother of the deceased was examined as P.W.1. One Rooban, the eye witness, was examined as P.W.2. Documents Exs.P1 to P5 were marked. Ex.P1 is the copy of the F.I.R. Ex.P2 is the copy of the post mortem certificate. Ex.P3 is the legalheirship certificate. Ex.P4 is the School leaving certificate. Ex.P5 is the driving licence. No oral and documentary evidence was let in on behalf of the appellant/ respondent before the Tribunal. 4. The Tribunal fixed the income of the deceased at Rs.3,000/-p.m. in the absence of any specific document to show the income of the deceased. After deducting 1/3rd towards personal expenses of the deceased, by adopting 16 multiplier, the total pecuniary loss was determined in a sum of Rs.3,84,000/- (Rs.24,000/- x 16= Rs.3,84,000/-). 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.3,84,000/- 2 Loss of love and affection Rs. 10,000/- 3 Funeral expenses Rs. 5,000/- Total Rs.3,99,000/- 5. Learned counsel for the appellant pleaded that the deceased is a bachelor earning member and the mother alone is the claimant. Therefore, a lesser contribution may be taken insofar as the claimant is concerned. He also pleaded for reduction in the multiplier stating that the possibility of the deceased getting married and the dependency of the mother getting reduced will have to be considered. 6. Learned counsel for the claimant on the other hand stated that the mother is a widow and she is totally depend on the deceased son for subsistence. Therefore, the contribution and consequent compensation to the mother may not be reduced. He also stated that meager amount has been granted for loss of love and affection to the mother and no amount was granted for transport expenses. Hence, the award may be confirmed. https://hcservices.ecourts.gov.in/hcservices/ 7. The accident in this case happened in the year 2005. The deceased was 21 years and the mother claimant, who is 39 years, is a widow. The possibility of the deceased getting married shortly is always there and the contribution to the mother getting reduced has to be considered. Therefore, in the light of the decision of the Apex Court in in Bijoy Kumar Dugar - vs. - Bidya Dhar Dutta reported in 2006 AIR SCW 1116 = 2006 (3) SCC 242, the proper multiplier in the case of the deceased bachelor earning member would be 12 and not 16 as determined by the Tribunal. As far as apportionment is concerned, it is pleaded that the son would spend 50% of the income to himself and the balance 50% would be given to the mother. Considering the fact that the mother is a widow and the deceased is the only son, the contribution to the dependent -widowed mother taken by the Tribunal at Rs.2,000/- can be accepted. Therefore, the loss of pecuniary benefits will be Rs.2,000/- x 12 x 12 = Rs.2,88,000/-. The mother is entitled to a further sum of Rs.5,000/- towards loss of love and affection. She is also entitled to a sum of Rs.2,500/- towards transport expenses. Accordingly, the award of 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.3,84,000/- Rs.2,88,000/- 2 Loss of love and affection Rs. 10,000/- Rs. 15,000/- 3 Funeral expenses Rs. 5,000/- Rs. 5,000/- 4 Transport expenses ---- Rs. 2,500/- Total Rs.3,99,000/- Rs.3,10,500/- 8. Since the accident happened in the year 2005 and the award was passed in the year 2007, the interest granted by the Tribunal at 7.5% stands confirmed. 9. In the result, the civil miscellaneous appeal is partly allowed as follows:- (i) The award of the Tribunal is reduced to Rs.3,10,500/- from Rs.3,99,000/-. (ii) It is stated that entire amount has been deposited as per the order of this Court dated 25.6.2008 and the claimant has withdrawn certain amount. The claimant is entitled to withdraw the balance amount if any, as per the order of this Court. https://hcservices.ecourts.gov.in/hcservices/ (iii) The appellant is entitled to withdraw the excess amount in deposit after settling the claimant. (iv) there shall be no orders as to costs. (v) Consequently, M.P.No. 1 of 2008 is closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. ra To The Motor Accident Claims Tribunal, (Additional District and Sessions Judge), Fast Track Court No.III, Poonamallee, Thiruvallore District. 1 cc to Mr.J. Chandran, Advocate, Sr. 60717 1 cc to Mr.V.K. Rajagopalan, Advocate, Sr. 60538 C.M.A.No.1756 of 2008 and M.P.No.1 of 2008 RSY (CO) kk 12/1 https://hcservices.ecourts.gov.in/hcservices/