IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.12.2008 CORAM:- THE HON'BLE MR. JUSTICE R. SUDHAKAR C.M.A.No. 4004 of 2008 The Managing Director, Tamil Nadu State Transport Corporation Limited, Villupuram Division III, Kancheepuram. .. Appellant/respondent-I Vs. 1. Kalairani 2. Rajasekar 3. vanitha 4. Minor Ammu 5. Minor Bhuvaneswari (4 & 5 minors rep. by their mother and guardian Kalairani) 6. Anbalagan(R6-given up) ... Respondents/Petitioners/ respondent-II Appeal filed under Section 173 of M.V. Act against the award and decree dated 4.7.2007 made in MACTOP No. 755 of 2003 on the file of the Motor Accident Claims Tribunal (Subordinate Judge) Kancheepuram. For Appellant : Mr. V. Ramesh For Respondents 1 to 5 : Mr. L. Robert Kennedy Ramesh JUDGMENT The Transport Corporation has filed this appeal challenging the award dated 4.7.2007 made in MACTOP No. 755 of 2003 on the file of the Motor Accident Claims Tribunal (Subordinate Judge) Kancheepuram. 2. The accident in this case happened on 24.9.2003. The deceased is one Nagappan, aged 38 years , working as a mason by occupation was hit by the appellant transport corporation bus driven by its driver in a rash and negligent manner. In that accident, the said Nagappan sustained grievous injuries and died on the same day. The wife aged 32 years, son aged 20 years, three daughters aged 19 years, 14 years and 12 years are the claimants. https://hcservices.ecourts.gov.in/hcservices/ They claimed a sum of Rs.8,00,000/- as compensation stating that the income of the deceased was Rs.4,500/- p.m. 3. In support of the claim, the wife of the deceased was examined as P.W.1. One Murugesan, the eye witness, was examined as P.W.2. Documents Exs. P1 to P7 were marked. 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 appellant transport corporation bus and the liability fixed on the transport corporation to compensate the claimant is not in dispute and the same is confirmed. 5. The Tribunal fixed the income of the deceased at Rs.4,500/-p.m. as claimed and after deducting 1/3 rd towards personal expenses and adopting 15 multiplier determined the loss of pecuniary benefits in a sum of Rs.5,40,000/-. In all, the Tribunal granted the following amounts 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.5,40,000/- 2 Funeral expenses Rs. 8,000/- 3 Transport expenses Rs. 1,000/- 4 Loss of love and Affection Rs. 20,000/- 5 Mental agony Rs. 20,000/- 6 Loss of consortium to the wife Rs. 15,000/- 7 Damage to cloth Rs. 1,000/- Total Rs.6,05,000/- 6. The only contention of the learned counsel for the appellant is that the income of the deceased taken at Rs.4,500/- is on the higher side as there is no material to support the higher income. He also stated that the sum of Rs.20,000/- granted towards mental agony is not justified. 7. On the other hand, the learned counsel for the claimants stated that the sum of Rs.20,000/- granted towards mental agony can be adjusted towards loss of love and affection to the four children, who are the claimants 2 to 5. In any event, the deceased was supporting the family consisting of wife and four children and therefore, the income fixed by the Tribunal at Rs.4,500/-p.m. is reasonable. https://hcservices.ecourts.gov.in/hcservices/ 8. Insofar as the income is concerned, as pointed out by the learned counsel for the appellant, the income of the deceased can be fixed at Rs.4,000/- p.m. as no specific record or document has been filed to show that the deceased was earning a sum of Rs.4,500/- regularly. The deceased is a mason by occupation and due to uncertainty in employment, the income of the deceased is fixed at Rs.4,000/- p.m. The multiplier adopted by the Tribunal is not disputed as it is adopted in terms of second schedule to the Act. Accordingly, the compensation for loss of pecuniary benefits is determined in a sum of Rs. 4,80,000/- ( Rs.4,000/- x 12 x 15 - 1/3 = Rs.4,80,000/-) The sum of Rs.20,000/- granted towards mental agony is adjusted towards loss of love and affection to the four children on the death of the father. Other amounts granted under conventional heads are confirmed. 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.5,40,000/- Rs.4,80,000/- 2 Funeral expenses Rs. 8,000/- Rs. 8,000/- 3 Transport expenses Rs. 1,000/- Rs. 1,000/- 4 Loss of love and Affection to the four children Rs. 20,000/- Rs. 40,000/- 5 Mental agony Rs. 20,000/- --- 6 Loss of consortium to the wife Rs. 15,000/- Rs. 15,000/- 7 Damage to cloth Rs. 1,000/- Rs. 1,000/- Total Rs.6,05,000/- Rs.5,45,000/- 9. Since the accident happened in the year 2003 and the award was passed in the year 2007, the interest granted by the Tribunal at 7.5% stands confirmed. 10. In the result, the civil miscellaneous appeal is partly allowed. (i) The award of the Tribunal stands reduced to Rs.5,45,000/- from Rs.6,05,000/-. Appellant is granted eight weeks time to deposit the award amount. (ii) Out of the award amount, the first petitioner wife is entitled to withdraw a sum of Rs.1,00,000/- with interest and costs. Second and third petitioners are entitled to withdraw a sum of Rs.75,000/- each with interest. 4th and 5th claimants/ minor https://hcservices.ecourts.gov.in/hcservices/ daughters are entitled to a sum of Rs.1,47,500/- each with interest. (iii) The award amount shall carry interest at 7.5% p.a. (iv) The share of the minors respondents 4 and 5 / claimants 4 and 5 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. (v) 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. (vi) 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. (vii) There will be no order as to cost. (viii) Consequently, connected miscellaneous petition is closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. ra To The Motor Accident Claims Tribunal, (Subordinate Judge) Kancheepuram. + 1 CC to Mr.V.Ramesh, Advocate SR.NO.71270 + 1 CC to Mr.V.K.Rajagopalan, Advocate SR.NO.71343 CMA No. 4004 of 2008 JP(CO) EM/13.2.09 https://hcservices.ecourts.gov.in/hcservices/