1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2011 CORAM: THE HONOURABLE MS.JUSTICE K.B.K.VASUKI C.M.A(MD)No.919 of 2009 The Managing Director, Tamil Nadu State Transport Corporation, Tanjavur, Kumbakonam Division. ... Appellant/Respondent Vs. 1.Kaliammal 2.Minor Maruthamuthu 3.Minor Shanmugam 4.Minor Muthu (Minor respondents were represented through their guardian and mother, the 1st Respondent herein) ... Respondents/Petitioners PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 30.10.2008 made in M.C.O.P.No.727 of 2006 on the file of the Motor Accident Claims Tribunal/Principal District Court, Pudukottai. For Appellant : Mr.M.Prakash For Respondents : Mr.N.Ravishankar Vallatharasu J U D G M E N T Heard both sides. 2. This Civil Miscellaneous Appeal is filed by the appellant/State Transport Corporation against the award of compensation of Rs.5,94,500/- payable with interest at 7.5% per annum from the date of claim petition, by disputing the quantum of compensation on the ground that the Tribunal has erred in fixing the monthly contribution of the deceased as Rs.3125/- without properly deducting 1/3 amount for his personal expenses. 3. The date, time, place and the manner of the accident as due to rash and negligent driving of the Transport Corporation bus driver https://hcservices.ecourts.gov.in/hcservices/ 2 resulting in the death of the husband of the first claimant and father of the claimants 2 to 4, are not seriously denied. 4. The Tribunal having regard to the age and nature of the avocation of the deceased as pleaded in the claim petition fixed his daily wages at Rs.150/- and after deducting Rs.25/- towards his personal expenses for 25 days, has fixed the monthly contribution of the deceased as Rs.3125/- (125 X 25 = 3125). 5. According to the learned counsel for the appellant/State Transport Corporation, the Tribunal ought to have deducted 1/3 out of the monthly income of Rs.3750/- (Rs.150 X 25 ) and had it been done, the same would have considerably reduced the quantum of compensation awarded for loss of income and dependency. 6. This Court finds some force in the contention raised on the side of the appellant/Transport Corporation and is hence inclined to assess the loss of income and dependency of the claimants as Rs.4,50,000/- (Rs.3750 X 12 X 15 X 2/3). 7. The learned counsel for the respondents/claimants would next draw the attention of this Court to the lump sum compensation of Rs.30,000/- awarded for loss of consortium and loss of love and affection and Rs.2,000/- awarded for funeral expenses. The learned counsel for the respondents/claimants has seriously argued that the sum so awarded is too low and inadequate and cannot compensate the actual loss sustained by the respondents/claimants. 8. The learned counsel for the respondents has also argued that the deceased died leaving behind his young wife aged 30 years and three minor children at the age of 16, 19 and 5 years and the loss suffered by them cannot be measured in terms of money but however the same has to be reasonably compensated. Such contention contains merit and deserves acceptance. This Court is hence inclined to enhance the compensation for loss of consortium and loss of love and affection and funeral expenses as follows: Loss of income and dependency :Rs.4,50,000/- Loss of Consortium :Rs. 20,000/- Loss of Love and Affection :Rs. 40,000/- Funeral expenses :Rs. 5,000/- -------------- Total :Rs.5,15,000/- -------------- 9. In the result, the award dated 30.10.2008 made in M.C.O.P.No.727 of 2006 on the file of the Motor Accident Claims Tribunal/Principal District Court, Pudukottai, is modified by awarding Rs.5,15,000/-(Rupees Five Lakhs and Fifteen Thousand Only), https://hcservices.ecourts.gov.in/hcservices/ 3 payable with interest at 7.5% per annum from the date of claim petition till date of payment by the appellant/State Transport Corporation within two months from the date of receipt the copy of this order. The award of compensation stands confirmed in other respects. Out of the compensation amount, the first claimant and claimants 2 to 4 each are entitled to get Rs.2,90,000/- and Rs.75,000/- each. On deposit of the amount into Court, the first claimant is entitled to withdraw 1,90,000/- with entire costs and entire interest and the balance compensation amount allotted to her and the compensation allotted to the minor claimants is to be deposited in any one of the nationalized banks for three years in so far as the first respondent/claimant is concerned and till the minor claimants attain majority and the first claimant for herself and on behalf of the minor children is permitted to withdraw future accrued interest once in three months directly from the bank. This Civil Miscellaneous Petition is accordingly disposed of. No Costs. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To The Principal District Judge, (Motor Accident Claims Tribunal), Pudukottai. +1 CC to Mr.N.Ravishankar Vallatharasu, Advocate (SR.No.12286) C.M.A(MD).No.919 of 2009 31.03.2011 pm NSV/31.5.11/3P/3C https://hcservices.ecourts.gov.in/hcservices/