IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.12.2008 CORAM:- THE HON'BLE MR. JUSTICE R. SUDHAKAR C.M.A.No. 4052 of 2008 ........ Tamil Nadu State Transport Corporation (K. Dn.I) Limited, rep. by the Managing Director, Kumbakonam. .. Appellant/respondent in the Tribunal below Vs. 1. Smt. Vijayalakshmi 2. Smt. Shenbagavalli 3. Selvi Lalithakamatchi ... Respondents/Petitioners in the Tribunal below Appeal filed under Section 173 of M.V. Act against the award and decree dated 7.6.2001 made in MACTOP No. 344 of 2000 on the file of the Motor Accident Claims Tribunal (Principal District Judge) Nagapattinam. For Appellant : Mr. M. Krishnamoorthy JUDGMENT The Transport Corporation has filed this appeal challenging the award dated 7.6.2001 made in MACTOP No. 344 of 2000 on the file of the Motor Accident Claims Tribunal (Principal District Judge) Nagapattinam. 2. It is a case of fatal accident. The accident in this case happened on 11.6.1999. The deceased Jeyendran, 42 years old, a cook cum agriculturist was riding a cycle, when he was hit by the appellant transport corporation bus driven by its driver in a rash and negligent manner. In that accident, the said Jeyendran sustained grievous injuries and died. The wife aged 38 years, mother aged 60 years and daughter aged 25 years filed the claim petition for a sum https://hcservices.ecourts.gov.in/hcservices/ of Rs.3,00,000/- as compensation stating that the income of the deceased was Rs.6,000/- p.m. 3. In support of the claim, the wife of the deceased was examined as P.W.1. One Rajendran, the eye witness, was examined as P.W.2. Documents Exs. P1 to P3 were marked. Ex.P1 is the copy of the F.I.R. Ex.P2 is the post mortem certificate. Ex.P3 is the copy of the M.V.I. Report. 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, who is 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 in this appeal and the same is confirmed. 5. The Tribunal decided the issue of compensation in paragraph 6 of the award in answer to point No.2. As per Ex.P2, post mortem certificate, the age of the deceased was taken as 42 years and the Tribunal fixed the income of the deceased at Rs.2,000/- p.m. i.e. Rs.24,000/- p.a. The Tribunal adopted 14 multiplier and arrived the total income of the deceased at Rs.3,60,000/- (Correct amount would be Rs.3,36,000/- (Rs.24,000/- x 14 =Rs.3,36,000/-) From which 1/3 rd was deducted towards personal expenses of the deceased and the loss of pecuniary benefits to the family was determined in a sum of Rs.2,40,000/- (correct amount would be Rs.2,24,000/- (Rs.3,36,000/- minus 1/3rd Rs.1,12,000/- = Rs.2,24,000/-). The Tribunal also granted compensation under conventional heads. In all, the Tribunal granted the following amount as compensation with interest at the rate of 12% p.a. Sl.No. Head Amount granted by the Tribunal 1 Loss of pecuniary benefits Rs.2,40,000/- 2 Funeral expenses Rs. 2,000/- 3 Loss of consortium Rs. 10,000/- 4 Loss of love and affection and loss of Estate Rs. 10,000/- Total Rs.2,62,000/- 6. Learned counsel for the appellant pleaded that the multiplier of 14 adopted by the Tribunal in this case is on the higher side and the same has to be reduced. 7. This Court is not inclined to interfere with the compensation awarded by the Tribunal for the following reasons. https://hcservices.ecourts.gov.in/hcservices/ (i) The accident in this case happened in the year 1999. The deceased was a cook cum agriculturist. The income fixed by the Tribunal at Rs.2,000/- p.m. is very low. The following decisions will have to be kept in mind while fixing the income of the deceased:- (a) A Division Bench of this Court in B.Anandhi – vs. - Latha reported in 2002 ACJ 233(P.SATHASIVAM,J., as he then was) observed that a coolie would earn Rs.100/- per day. In that case, the accident happened in the year 1995. (b) The Apex Court in State of Haryana and another – vs. - Jasbir Kaur and others reported in 2004-1 Law Weekly, was of the view that an agriculturist would earn Rs.3,000/- per month. In that case, the accident happened in the year 1999. (ii) In the above cited cases, the income of the deceased was taken at Rs.3,000/- per month for the year 1995 and 1999 respectively, whereas in the present case, the accident happened in the year 2003. Considering the same, the income of the deceased, can be fixed at Rs.3,500/- per month. (iii) Therefore, if the multiplier is reduced and the income is enhanced, the compensation towards pecuniary loss will be much more than what has been granted by the Tribunal. (iv) Further, meager amount has been granted for loss of love and affection to the daughter and mother as also loss of estate and loss of consortium to the wife. No amount has been granted for transport expenses . (v) Even though the sum of Rs.2,40,000/- granted towards loss of pecuniary benefits is wrongly calculated, the same need not be reduced as the income fixed by the Tribunal is very low and the compensation is just. (vi) Considering all these aspects, the quantum of compensation granted by the Tribunal does not require any reduction and the same is confirmed. Since the accident happened in the year 1999 and the award was passed in the year 2001, the interest at 12% p.a. stands confirmed. 8. Finding no merits, this civil miscellaneous appeal is dismissed. No costs. Consequently, C.M.P. No. 2093 of 2008 is also dismissed. https://hcservices.ecourts.gov.in/hcservices/ Learned counsel for the appellant seeks for 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 apportioned by the Tribunal. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ra To The Motor Accident Claims Tribunal, (Principal District Judge) Nagapattinam. +1cc to Mr.M.Krishnamoorthy, Advocate Sr 71301 JP(CO) km/2.2. CMA No. 4052 of 2008 https://hcservices.ecourts.gov.in/hcservices/