IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.3.2009 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR C.M.A.No.732 of 2009 and M.P.No.1 of 2009 The Managing Director, Tamilnadu State Transport Corporation Ltd., Kumbakonam. ... Appellant/Respondent vs. 1.Poovaraghavan, 2.Mala. ... Respondents/Petitioners 1 and 2 Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 10.9.2007 passed in M.C.O.P.No.146 of 2006 on the file of the Motor Accidents Claims Tribunal (Additional Sub Court), Mayiladuthurai. For appellant : Mr.V.Ramesh JUDGMENT The Tamilnadu State Transport Corporation is on appeal challenging the award dated 10.9.2007 passed in M.C.O.P.No.146 of 2006 on the file of the Motor Accidents Claims Tribunal (Additional Sub Court), Mayiladuthurai. 2. It is a case of fatal accident. The brief facts of the case are as follows:- The accident in this case happened on 18.8.2005. The deceased minor Prathipa, a 12 years old student, was boarding the bus belonging to the appellant transport corporation. The driver of the bus negligently moved the bus. Due to sudden movement of the bus, the said Prathipa fell down on the ground. The rear wheel of the bus ran over the hip and two legs of the said Prathipa. The said Prathipa sustained crush injuries. She was treated in the Karaikal Government Hospital. https://hcservices.ecourts.gov.in/hcservices/ Despite treatment, the said Prathipa died on 14.10.2005. The father aged 34 years and the mother aged 28 years filed a claim for compensation in a sum of Rs.5 lakhs. 3. In support of the claim, the mother of the deceased was examined as P.W.1. Exs.A-1 to A-8 were marked, the details of which are as follows:- Ex.A-1 is the true copy of FIR, dated 18.8.2005, Ex.A-2 is the true copy of alteration report sent to the criminal court, dated 14.10.2005, Ex.A-3 is the true copy of post-mortem certificate dated 14.10.2005, Ex.A-4 is the surgery certificate, Ex.A-5 is the true copy of Motor Vehicle Inspector's Inspection Report dated 19.8.2005 and Exs.A-6 to A-8 are the photos and negatives of the injured Prathipa. No oral or documentary evidence was let in on behalf of the appellant transport corporation, the respondent before the Tribunal. 4. The Tribunal in terms of second schedule to Section 163A of the Motor Vehicles Act, 1988, fixed the income notionally at Rs.15,000/- per annum. Based on the age of the deceased, the Tribunal adopted multiplier 15. After deducting 1/3 towards personal expenses of the deceased, the Tribunal granted a sum of Rs.1,50,000/- (Rs.15,000/- x 15 x 2/3 = Rs.1,50,000/-) as compensation to the parents of the deceased minor. The Tribunal also granted compensation under conventional heads. In all, the Tribunal granted the following amounts as compensation with interest at 7.5% per annum:- Sl.N o. Head Amount granted by the Tribunal 1 Loss of pecuniary benefits Rs. 1,50,000/- 2 Funeral expenses Rs. 5,000/- 3 Transport expenses Rs. 2,000/- 4 Loss of love and affection to the parents on the death of their only child (Rs.25,000/- each) Rs. 50,000/- Total Rs .2,07,000/- 5. On the basis of the oral and documentary evidence, the Tribunal held that the accident in this case happened due to rash and negligent driving by the driver of the appellant transport https://hcservices.ecourts.gov.in/hcservices/ corporation bus. There is no material placed on behalf of the appellant transport corporation to controvert the finding of the negligence. Hence, the finding of rash and negligent driving on the part of the driver of the appellant transport corporation bus, as responsible for the accident and the death and the liability fixed on the appellant transport corporation to compensate the claimants is not disputed by the counsel for the appellant and the same is confirmed. The only contention seriously contended by the learned counsel for the appellant is on the quantum of compensation. 6. The contention raised by the learned counsel for the appellant is on the quantum of compensation, stating that the multiplier of 15 adopted by the Tribunal in a case of death of a 12 years old student is high resulting in excess compensation. He also contended that the sum of Rs.25,000/- each granted towards loss of love and affection to the parents of the deceased is excessive. Therefore, the compensation has to be reduced. 7. On perusing the award of the Tribunal, this Court is not inclined to interfere with the award on the above contention and to reduce the quantum of compensation for the following reasons:- (i) The accident in this case happened on 18.8.2005. (ii) The deceased was 12 years old girl student at the time of accident and studying 6st standard. (iii) The Apex Court in Manju Devi and another – vs. - Musafir Paswan and another reported in 2005 ACJ 99 = 2005(1) TAC 609 (SC), granted a sum of Rs.2,25,000/- as compensation on the death of the 12 years old student. In the Apex Court's decision, the accident happened in the year 1999. In this case, the accident happened on 18.8.2005. Hence the quantum of compensation granted is justified. (iv) The parents losing their child at a tender age is a permanent scar in their life and the grief will linger till their life time. In a claim for compensation, in the case of death, the claimants are granted compensation under conventional heads, like loss of love and affection, funeral expenses and miscellaneous expenses and loss of estate in the case of death of an earning member. The entitlement of the claimants/parents for compensation on conventional heads cannot be disputed. (v) The claimants in this case are father and mother claiming compensation on the death of their only daughter. The child was given education in a school. The parents will expect her https://hcservices.ecourts.gov.in/hcservices/ to do well in life and their expectation of the bright prospects of their only daughter has been shattered due to her untimely death and hence they have to be compensated for loss of love and affection consequent to the death of their child. This will be in addition to the compensation on other heads and the sum of Rs.1,50,000/- is very meger. Hence, the sum of Rs.25,000/- each granted towards loss of love and affection to the parents of the minor female child is justified. (vi) The sum of Rs.2,000/- granted towards funeral expenses and the sum of Rs.5,000/- granted towards transport expenses are reasonable and the same are confirmed. 8. Considering the above aspects, the total compensation in a sum of Rs.2,07,000/- is justified as also the interest granted at 7.5% as the accident happened in the year 2005 and the award was passed in the year 2007. 9. Finding no merit, this Civil Miscellaneous Appeal is dismissed at the admission stage. Counsel for the appellant seeks for eight weeks' time to deposit the award amount and is granted and on such deposit, the respondents/claimants are entitled to withdraw the same as per the order of the Tribunal. Consequently, connected miscellaneous petition is closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. ts To The Additional Subordinate Judge, (The Motor Accidents Claims Tribunal), Mayiladuthurai. 1 cc to Mr.V. Ramesh, Advocate, SR. 11333 C.M.A.No.732 of 2009 SGL (CO) kk 15/4 https://hcservices.ecourts.gov.in/hcservices/