1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2011 CORAM: THE HONOURABLE Ms.JUSTICE K.B.K.VASUKI C.M.A(MD)No.1028 of 2010 and M.P.(MD)Nos.3 and 4 of 2010 The Oriental Insurance Company Limited, DWARAKA, Second Floor, No.79, Uttamar Gandhi Salai, Chennai-600 034. ...Appellant/2nd Respondent Vs. 1. Maruthambal @ Malathi 2. Minor Arulanandh 3. Minor Arthi, 4. Pechiammal ...1 to 4 Respondent/ 1 to 4 Petitioner 5. B.Sujatha ...5th Respondent/1st Respondent 6. A.Senthil Kumar ...6th Respondent/3rd Respondent 5th and 6th respondents remained exparte before the lower court. 7. The New India Insurance Company Limited, No.435, D.B.Road,R.S.Puram, Coimbatore-2. ...7th Respondent/4th Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1998 against the award, dated 16.04.2009 made in M.C.O.P.No.212 of 2007, on the file of the Motor Accidents Claims Tribunal(District Judge), Karur. For Appellants : M/s.K.Bhaskaran For Respondents : M/s.B.Janath Ahamed 1 to 4 For Respondent-5 : Not ready For Respondent-6 : No appearance For Respondent-7 : M/s.D.Sivaraman JUDGMENT Insurance Company is the appellant herein. The appeal is filed against the award of compensation of Rs.6,79,000/- with interest at 7.5% p.a. in favour of the claimants, who are the wife, minor children and aged mother of one Vijayakumar, who is the victim of fatal accident https://hcservices.ecourts.gov.in/hcservices/ 2 occurred at 11.30 p.m. on 21.07.2006 near Thennilai due to rash and negligent act of the driver of the offending lorry owned by the first respondent and insured with the second respondent in the claim petition at the time of accident. The date, time, place and manner of the accident as mentioned above, age and relationship of the deceased and the claimants, avocation of the deceased as driver and dependency of the claimants upon his earning are not so seriously denied. The trial court has on the basis of the available records fixed the monthly earning of the deceased as driver at Rs.6,000/-(Rs.4,000/-salary and Rs.2,250/- daily batta = Rs.6,250/-p.m.) and the multiplicand as Rs.4,000/- p.m.,Rs.48,000/-p.a and by adopting multiplier of '13' arrived total loss of dependency at Rs.6,39,600/- and further awarded Rs.5,000/- for funeral expenses Rs.10,000/- for loss of consortium to the widow and Rs.10,000/- each for loss of love and affection to the petitioners 2 and 3and Rs.5,000/- to fourth petitioner and awarded total compensation of Rs.6,79,600/- payable by the second respondent/insurer. The present appeal is filed by the second respondent insurer by disputing the quantum of compensation so arrived at on the ground that the fixation of monthly salary of Rs.4,000/- for the driver during 2006 is on higher side. 2. The learned counsel on record for the appellant and the claimants advanced serious arguments against and in support of the quantum of monthly salary so fixed by the Tribunal. In my considered view, considering the nature of avocation, period during which accident taken place and the age of the deceased, monthly earning of the deceased can be reasonably fixed at Rs.5,750/-p.m. and Rs.69,000/- p.a. and after deducting one third of the same towards his personal expenses, the monthly contribution to the family can be fixed at Rs.46,000/-p.a. and by applying '13' multiplier, the total loss of dependency is assessed at Rs.5,98,000/- with which is to be added transport expenses Rs.2,000/-, funeral expenses-Rs.5,000/-, loss of consortium to the widow-Rs.20,000/- loss of love and affection to the petitioners 1 to 4- Rs.35,000/- and the total compensation arrived at is Rs.6,70,000/- and the same is payable with interest at 7.5% p.a. from the date of petition till date of payment by the respondent. 3. In the result, the award, dated 16.04.2009 made in M.A.C.O.P.No.212 of 2007, on the file of the Motor Accidents Claims Tribunal(District Judge), Karur is modified by awarding compensation of Rs.6,70,000/- with proportionate costs and interest at 7.5% p.a. from the date of petition till date of payment. Out of the total compensation, the petitioners 1 to 4 are entitled to get Rs.3,00,000/-, 1,50,000/- Rs.1,50,000/- and Rs.70,000/- respectively. On such deposit of the amount into court, the fourth claimant is permitted to withdraw 50% of the award amount with proportionate interest and costs and the first claimant is permitted to withdraw 50% of the award amount with remaining costs and interest. The balance award amount due to petitioners 1 and 4 and the entire award amount due to minor petitioners 2 and 3 shall be invested in Fixed Deposit in any one of the nationalised banks for three years and till the minor petitioners attain majority and the first claimant and fourth claimant for herself and on behalf of the minor claimants are permitted to withdraw the accrued interest from such deposit, once in three months, directly from the bank. Excess award amount deposited, if any, shall be refunded to the appellant. Excess court fee, if any, shall be refunded to the claimants. https://hcservices.ecourts.gov.in/hcservices/ 3 4. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To The Motor Accidents Claims Tribunal, District Judge, Karur. Copy to : The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai +1cc to Mr.K.Bhaskaran, Advocate, SR.NO.17868 vsn GH : 20.07.2011 : 3p/4c C.M.A(MD)NO.1028 of 2010 10.06.2011 https://hcservices.ecourts.gov.in/hcservices/