IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.01.2009 CORAM:- THE HON'BLE MR. JUSTICE R. SUDHAKAR C.M.A.No.28 of 2009 The Managing Director, Tamil Nadu State Transport Corporation, Salaimedu, Vaduthareddy, Villupuram. .. Appellant/ I Respondent Vs. 1. Dhanalakshimi @ Lakshmi 2. Sasikumar 3. Jothi 4. Minor Nirmala (1st petitioner is the guardian and next friend for the minor Nirmala) 5. Kannammal 6. V. Ramachandiran 7. The Divisional Manager, United India Insurance Company Ltd., .. Respondents/Petitioners/ Cuddalore. Respondents 2 & 3 Appeal filed under Section 173 of the Motor Vehicles Act against the award and decree dated 4.4.2008 made in MCOP No. 423 of 2005 on the file of the Motor Accidents Claims Tribunal (Sub Court) Gingee. For Appellant : Mrs. B. Vijayalakshmi JUDGMENT The Transport Corporation has filed this appeal challenging the award dated 4.4.2008 made in MCOP No. 423 of 2005 on the file of the Motor Accidents Claims Tribunal (Sub Court) Gingee. 2. It is a case of fatal accident. The accident in this case happened on 22.6.2004. The deceased Parasuraman was working as https://hcservices.ecourts.gov.in/hcservices/ a conductor in the appellant transport corporation bus on the fateful day. The bus collided with a lorry bearing registration No. PY 01 S 2475 and in that accident, the conductor of the bus suffered grievous injuries and died. The wife aged 40 years, son aged 20 years, daughters aged 19 and 14 years and the mother aged 70 years are the claimants. They claimed a sum of Rs.15,00,000/- as compensation stating that the income of the deceased conductor was Rs.9,000/- p.m. 3. In support of the claim, one Murugan, the eye witness, claimant in another case, was examined as P.W.1. The first petitioner/ wife of the deceased was examined as P.W.2. Dr. Kalaivendan, was examined as P.W.3 Documents Exs.A1 to A13 were marked. In this case, the relevant documents are Exs.A7 to A11. Ex.A7 is the post mortem certificate. Ex.A8 is the death certificate. Ex.A9 is the salary certificate of the deceased. Ex.A10 is the legal heirship certificate and Ex.A11 is the I.D.Card of the deceased. No oral and documentary evidence was let in on behalf of the appellant/ first respondent before the Tribunal. 4. Based on the statement of the eye witness, P.W.1 and the documents which have been marked as exhibits, the Tribunal came to the conclusion that the death of the conductor was due to rash and negligent driving on the part of the driver of the appellant transport corporation bus and consequently, the liability was fixed on the appellant transport corporation. 5. Insofar as the compensation is concerned, the Tribunal decided the issue in paragraph 11 of the award in answer to point No.2. The age of the deceased was fixed as 51 years as per Ex.A11, I.D.card and the income of the deceased was fixed as Rs.9,000/- p.m. based on the salary certificate Ex.A9 and the same are not disputed. Accordingly, the annual income of the deceased was taken as Rs.1,08,000/- of which 1/3rd was deducted towards personal expenses of the deceased and the contribution to the family was determined in a sum of Rs.72,000/-. The Tribunal adopted 11 multiplier in terms of the second schedule to Section 163 (A) of the M.V. Act and granted a sum of Rs.7,92,000/- towards loss of pecuniary benefits. 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.7,92,000/- 2 Funeral expenses Rs. 5,000/- 3 Loss of love and affection to the three minor children and mother Rs. 25,000/- Total Rs.8,27,000/- https://hcservices.ecourts.gov.in/hcservices/ 6. As far as negligence is concerned, the learned counsel for the appellant made a plea that the death of the deceased was due to rash and negligent driving on the part of the driver of both the vehicles. This contention is made on the basis of the statement in the claim petition. Before the Tribunal, no oral and documentary evidence was let in on behalf of the appellant/ first respondent to support the plea. Merely on the basis of the statement in the claim petition, the plea of negligence on the part of the driver of the other vehicle cannot be sustained. In fact, the Tribunal relied upon the evidence of P.W.1, eye witness to come to the conclusion that the driver of the transport corporation bus in which, the deceased was working as a conductor, was rash and negligent and responsible for the accident and the death. Such finding of the Tribunal stands confirmed in the absence of any other material to controvert from the same. 7. As far as compensation is concerned, it is contended that the higher multiplier adopted by the Tribunal has to be reduced. The age, income, and occupation are not disputed. The Tribunal adopted 11 multiplier in terms of the second schedule to Section 163-A of the Motor Vehicles Act. Even if the multiplier is stated to be marginally higher as contended by the counsel for the appellant, the fact remains that meager amount has been granted for loss of consortium to the wife and also for loss of love and affection to the other claimants. The possibility of the deceased earning higher income in the future also has to be taken into account. Hence, the total compensation granted by the Tribunal is justified and no good ground has been made out for reduction of compensation as also interest at 7.5% as the accident happened in the year 2004 and the award was passed in the year 2008. 8. Finding no merits, this civil miscellaneous appeal is dismissed at the admission stage. Consequently, M.P.No. 1 of 2008 is also dismissed. No costs. Learned counsel for the appellant seeks eight weeks time to deposit the award amount and the same is allowed. On such deposit, the claimants are entitled to withdraw the amount as ordered by the Tribunal. sd/- Asst.Registrar /true copy/ Sub Asst.Registrar ra https://hcservices.ecourts.gov.in/hcservices/ To The Motor Accidents Claims Tribunal, (Sub Court) Gingee. + 1 c.c. to Mrs. B. Vijayalakshmi, Advocate. S.R.No.1456. CMA No.28 of 2009 KSK (CO) GSK 04.02.2009. https://hcservices.ecourts.gov.in/hcservices/